- GOVERNMENT
OF PAKISTAN
- REVENUE
DIVISION
- CENTRAL
BOARD OF REVENUE
- (SALES
TAX WING)
- *****
- Islamabad, the 14th April, 2003
- NOTIFICATION
- (SALES TAX)
-
S. R. O. 344
(I)/2003.- WHEREAS, the
Committee constituted by the Federal Government for alleviation of hardship
in specific cases recommended the following in the case of M/s. Agha’s
Supermarket (ASM), 1, Uzma Court, D.C.3, Block 8, Clifton, Karachi, namely:
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(a) they may be
encouraged to withdraw their suit against the department from the Sindh High
Court;
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(b) turnover
related to non-taxable supplies may be ascertained and deducted;
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(c) their
taxable turnover for the period July, 1998 to December, 1999 (the period for
which show cause
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notice was issued) may be determined correctly by an expert appointed
through mutual consultation
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and their tax liability may
accordingly be firmed up;
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(d) for the
purposes of determining their tax liability the applicants may be allowed to
claim input tax
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credit on supplies received
by them during the relevant period;
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(e) additional
tax and penalty imposed on M/s. Agha’s Supermarket (ASM), 1, Uzma Court,
D.C.3,
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Block 8, Clifton, Karachi may be waived off under section 34A of the Sales
Tax Act, 1990; and
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(f)
if M/s. Agha’s Supermarket (ASM), 1, Uzma Court, D.C.3, Block 8,
Clifton, Karachi is agreeable,
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their liability for the period January, 2000 to July, 2000 may also be
determined in the recommended
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manner; and
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- in terms of the above
mentioned recommendations, chartered firm M/s. Ford Rhodes Sidat Hyder and
Company was appointed by the Collector of Sales Tax and Central Excise
(Adjudication-III), Karachi, in consultation with the department and M/s.
Agha’s Supermarket (ASM), 1, Uzma Court, D.C.3, Block 8, Clifton, Karachi.
The Collector of Sales Tax and Central Excise (Adjudication-III),
Karachi decided the case on the basis of the report of the experts vide
Order-in-Original No. 25/2003, dated 8th March, 2003 and adjudged
Rs. 6,39,162 as principal amount of sales tax recoverable from M/s. Agha’s
Supermarket (ASM), 1, Uzma Court, D.C.3, Block 8, Clifton, Karachi. The
adjudged principal amount has been paid by them.
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NOW, THEREFORE, in exercise
of the powers conferred by section 34A of the Sales Tax Act, 1990, the
Central Board of Revenue is pleased to exempt, as a special case, amount of
additional tax and penalty leviable on the principal amount of sales tax Rs.
6,39,162 adjudged, vide Order-in-Original No. 25/2003, dated 8th
March, 2003 passed by the Collector of Sales Tax and Central Excise
(Adjudication-III), Karachi, as recommended by the Committee.
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- [C.No.
1(130)STT/2000]
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( Manzoor Hussain Memon)
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Secretary (STT)