Updated: Saturday July 10, 2021/AsSabt Thoul Hijjah 01, 1442/Sanivara Asadha 19, 1943, at 06:36:35 PM
The Finance Act, 2021

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PART I
Islamabad, the 30th June, 2021
No. F.
22(36)/2021-Legis—The following Act of
Majlis-e-Shoora (Parliament) received the assent
of the President
on the 30th June, 2021 is hereby published for general information:—
ACT NO. VIII OF 2021 AN
ACT
to give
effect to the financial proposals
of
the Federal Government for the year beginning on the
first day of July, 2021,
and to amend certain
laws
WHEREAS it is expedient to make provisions to give effect to the financial proposals of the Federal
Government for the year beginning
on the first day of July, 2021, and to amend certain laws for the purposes hereinafter appearing;
(209)
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JUNE 30,
2021 209
[914(2021)/Ex. Gaz.].
Price:
Rs. 340.00
It is hereby
enacted as follows:—
1.
Short title and commencement.—(1) This Act shall be
called the Finance
Act, 2021.
(2) It shall, unless specified otherwise, come into force on the first day of July,
2021.
2.
Amendments of Stamp Act, 1899 (II of 1899).—In the Stamp Act, 1899 (II of 1899), the following further amendments shall be made, namely:—
(1)
in section 2,—
(a)
for clause (11), the following shall be
substituted:—
“(11) “duly stamped” means affixation of an adhesive or impressed
stamp or e-stamp of not less than the
requisite amount and that the stamp has been legally affixed,
used or electronically generated,”;
(b)
after clause (11), amended as aforesaid, the following
clause (11A) shall be
inserted, namely;
“(11A) “e-stamp” means a paper printed
or partially
printed containing a bar code or having any of its unique
identification code and such other information, as may be specified by the rules,
to be generated and printed,
on
deposit of
money equivalent to chargeable
stamp duty in the account of the
Government”;
(c)
for clause (13), the
following shall be substituted, namely:— “(13) “impressed
stamp” includes—
(a)
the label affixed and impressed by the proper
officer;
(b)
the stamp embossed or engraved
on a stamp paper; and
(c)
estamp”; and
(d)
in clause (14), after the word “recorded”, the words “and includes
any instrument executed
in electronic form” shall be inserted.
(2)
In section 10,—
(a)
in sub-section (1), after the word “stamps”, the words “or e-stamps” shall be inserted; and
(b)
in sub-section (2), in
clause (a), after the word “stamps”, the words “or
e-stamps” shall
be inserted.
(3)
After section
32,
the
following section 32A shall
be
inserted,
namely:—
“32A. Certificate of designated officer.—An officer designated by the Government shall, by notification in the official
Gazette, issue a certificate as to genuineness or otherwise
of an e-stamp for the purpose of
evidence in a
legal proceedings”.
3.
Amendments of Customs Act, 1969 (IV of 1969).—In the Customs Act, 1969 (IV of 1969), the following
further amendments shall be made, namely:—
(1)
in section 2,—
(a)
in clause
(kka), for the expression “bill of lading, airway bill”, the expression “master bill of lading,
bill of lading, airway bill, certificate
of origin”
shall be substituted;
(b)
after clause (kkb), the following new clause shall be added, namely:—
“(kkc) “electronic assessment” means assessment of
a goods declaration in Customs
Computerized System by an officer
of Customs or by the computerized system according to the selectivity criteria;”;
(c)
after clause
(lc), the following new clause shall be added, namely:—
“(ld) “Vessel Intimation Report” or “VIR” means an intimation regarding impending arrival of a vessel at a customs
sea port, where the customs computerized system is operational, to the customs
authorities in the form and manner, by the carrier or his agent, as may be prescribed by rules;”;and
(d)
in clause (s), after the word “concealing”, the expression “, retailing” shall be inserted;
(2)
after section
3CCA, the following new section shall
be added,
namely:—
“3CCB. Directorate General of National Nuclear Detection Architecture.—The Directorate General of National
Nuclear Detection Architecture
shall consist of a Director General and as many Deputy Director Generals, Directors, Additional Directors, Deputy Directors, Assistant Directors and such other officers
as the Board may, by notification in the official Gazette, appoint.”;
(3)
after section 3CCB, the following
new section shall
be added, namely:—
“3CCC. Directorate General of Marine.—The Directorate General of Marine shall consist
of a Director General and as many Directors, Additional Directors, Deputy Directors, Assistant Directors and such other officers as the Board may, by notification in
the official Gazette,
appoint.”;
(4)
for section 12, the following
shall be substituted, namely:—
“12. Power to appoint or licence
public warehouses.—(1) At any warehousing station, the respective Collector of Customs in his own jurisdiction may, from time to time, appoint or licence public warehouses wherein
dutiable goods may be deposited without payment
of customs-duty.
(2)
Every application for a licence for a public warehouse shall be made in such form as may be prescribed by the respective Collector
of Customs
in his own jurisdiction:
Provided
that where the Customs Computerized System is operational, the application shall be filed to the respective Collector of Customs
through the system
in the manner as may be prescribed
by rules.
(3)
A licence granted under this section may be cancelled
by the respective Collector of Customs in his own jurisdiction for infringement of any condition laid down in the licence or for any violation
of any of the provisions of this Act or any rules made thereunder, after the licensee has been given proper
opportunity of showing cause against the proposed cancellation.
(4)
Pending consideration whether a licence
be cancelled under sub-section (3), the respective Collector of Customs in his own jurisdiction may
suspend the licence.”;
(5)
after section
12, the following new section
shall be added, namely:—
(1) At any warehousing station, the respective Collector of Customs
in his own jurisdiction may, from time to time, appoint or licence common warehouses wherein dutiable goods may be deposited
without payment of customs-duty on owner or licensee
own account.
(2)
Every application for a licence for a common
warehouse shall be made in such form as may be prescribed by the respective Collector of Customs in his own jurisdiction:
Provided
that where the Customs
Computerized System is operational, the application shall be filed to the respective Collector of Customs through the system
in the manner as
may be prescribed by rules.
(3)
A licence granted under this section may be cancelled
by the respective Collector of Customs
in his own jurisdiction for infringement of any condition laid down in the licence
or for any violation of any of the provisions of this Act or any rules made thereunder, after the licensee
has been given proper opportunity of showing cause
against the proposed cancellation.
(4)
Pending consideration whether a licence
be cancelled under sub-section (3), the respective Collector of Customs
in his own jurisdiction may suspend
the licence.”;
(6)
for section 13, the following
shall be substituted, namely:—
“13. Power to licence private warehouses.—(1) At any warehousing station, the respective Collector of
Customs in his own jurisdiction may, from time to time,
licence private warehouses wherein dutiable goods may be deposited
without payment of
customs-duty.
(2)
Every application for a licence
for a private
warehouse shall be made in such form as may be prescribed by the respective Collector of Customs in his own jurisdiction:
Provided
that where the Customs
Computerized System is operational, the application shall be filed to the respective Collector of Customs through the system
in the manner as
may be prescribed by rules.
(3)
A licence granted under this section may be cancelled
by the Collector of Customs in his own jurisdiction for infringement of any condition laid down in the licence or for any violation of any of the provisions of this Act or any
rules made thereunder, after the
licensee has been given proper opportunity of showing cause against the proposed
cancellation.
(4)
Pending consideration whether a licence may be cancelled under sub-section (3), the respective Collector of Customs
in his own jurisdiction may suspend
that licence.”;
(7)
in section 18E, for the full stop at the end, a colon shall be substituted and thereafter the following
proviso shall be added, namely:—
“Provided further that the Board may constitute a
committee or a centre for the purpose
of settlement of disputes
regarding classification of goods and may prescribe rules or procedure for carrying
out the purpose of this section.”;
(8)
in section 19, in sub-section (5), in the second
proviso, for the figure “2021”,
the figure “2022” shall be substituted;
(9)
in section 25, in sub-section (9), after the word “determined” occurring for the second time, the words “using
reasonable means”
shall be inserted.
(10)
in section 25A,—
(a)
in sub-section (1),—
(i)
after the word “section”, the expression “the Collector of Customs
on his own motion or” shall be
inserted; and
(ii)
for the full stop at the end, a colon shall be substituted and thereafter the following
proviso shall be added, namely:—
“Provided that notwithstanding anything contained in any provision
of this Act and any decision or judgment
of any forum, authority or court,
while determining the customs
value under this section,
the Director may incorporate values from internationally acclaimed publications, periodicals, bulletins or official websites of
manufacturers or indenters of such goods.”;
(b)
after sub-section (2), the following new sub-section shall be added, namely:—
“(2A) In case of any conflict in the customs value determined under sub-section (1), the Director General of Valuation
shall determine the applicable customs value.”; and
(c)
in sub-section (4), after the expression “(1)”, the expression “ ,or the case may
be under sub-section (2A)” shall be
inserted;
(11)
in section
25C, for the word “Board”, the words “respective Chief Collector”
shall be substituted;
(12)
for section 25D, the
following shall be substituted, namely:—
“25D. Review of
the
value determined.—Notwithstanding the provision
contained in section 25A, the Director General Valuation may on his own motion or in pursuance to a review petition made to him within thirty days from the date of determination by any person or an officer
of Customs may rescind or determine
the value afresh:
Provided
that the proceedings
so
initiated shall be completed within sixty days of the filing of the review petition
or initiation of proceedings as the case may be.”;
(13)
in section 27A, after the word “owner”, the expression “,to be made before
the filing of goods declaration,” shall be inserted;
(14)
in section 30, for the first proviso,
the following shall be substituted,
namely:—
“Provided that, where a
goods declaration has been manifested in advance
of the arrival
of the conveyance by which the goods have been imported,
the relevant date for the purposes
of this section shall be the date on which the goods declaration is manifested under section 79 or section 104, as the case may be, except for those goods declaration in
respect of which the rate of duty change after the submission of the goods declaration and before the berthing or cross-over event of the vessel or the vehicle
respectively, as the case may be, the relevant
date in which case, for the purposes of this section,
shall be the date on which the vessel has berthed or the
vehicle has crossed-over the
border, as the case
may be.”;
(15)
in section-32, in sub-section (3A), in first proviso,
for the words “one hundred”, the words “twenty thousand” shall be
substituted.
(16)
in section 32C, in sub-section (1), for the second proviso,
the following shall
be substituted, namely:—
“Provided further that Board may, by notification in
the official Gazette, make rules for carrying out the purposes
of this section.”;
(17)
for section 44, the following
shall be substituted, namely:—
“44. Delivery of import manifest in respect of a conveyance other than a vessel.—The person-in-charge of
a conveyance other than a vessel shall before arrival or as per following timelines, after arrival thereof at a land customs-station or customs-airport, as the case may be, deliver or file electronically an import manifest
to appropriate officer of Customs:
(a)
for customs airport: within three hours of landing; and
(b)
for land Customs-station: at the time of entry into the country as prescribed under the rules.”;
(18)
in section 45,—
(a)
in sub-section (2), for the full stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:—
“Provided that before the berthing of
the vessel or the cross-over of the vehicle, as the case may be, the person incharge of a conveyance or his duly authorized agent may amend the import manifest
subject to the rules notified
by the Board.”; and
(b)
sub-section (3) shall be omitted;
(19)
in section
79, in clause (a), the
word “and” at the end, shall be omitted
and thereafter, the following new clause shall be added,
namely:—
“(aa) the documents mandatory for assessment of the goods, shall be uploaded by the importer or his agent with the goods declaration, as may be prescribed by the Board; and”;
(20)
in section 80, in sub-section (4), for the full stop at the end, a colon
shall be substituted and thereafter the following proviso shall be added,
namely:—
“Provided further that in
case of clearance of goods declaration through green channel, the goods may be examined with the prior approval of the Collector of Customs.”;
(21)
in section 82, in clause (c), after colon at the end, the following new proviso
shall be added, namely:—
“Provided that Collector of
Customs may direct the importer
or in case importer is not traceable, the shipping
line to re-export
out of Pakistan any goods,
banned or restricted through a notification issue by the Federal Government, if the same are not cleared
or auctioned within sixty days of the date of their arrival:”;
(22)
in section
83B, after the word “to”, the word “outright” shall be inserted;
(23)
in section 88, for sub-section (5), the following
shall be substituted, namely:—
“(5) If the quantity
or value of any goods has been incorrectly stated in the goods declaration, due to inadvertence or bona
fide error, the Collector of Customs
may, for reasons
to be recorded in writing, direct the correction
of the said error.”;
(24)
in section 98, in sub-section (1), for clause (a), the following
shall be substituted, namely:—
“(a) by the Collector
of Customs, for a period not exceeding
six months;
and”;
(25)
in section 131, in sub-section (2), in the second proviso, the expression “, where Customs Computerized System has not been introduced” shall be
omitted;
(26)
in section 155F,
in clause (c), in the first proviso, for the words “after recording reasons in writing”, the expression
“after giving notice and affording
reasonable opportunity of being
heard,” shall be
substituted;
(27)
in section 155R, for the full stop at the end, a colon shall be substituted and thereafter the following
proviso shall be added, namely:—
“Provided
that in case where any clerical or typographical error is noted in goods declaration except as provided
in section 29 of this Act, the exporter or importer
may apply to the concerned
officer not below the rank of Assistant
Collector for issuance of correction or corrigendum certificate and the concerned officer upon
his satisfaction may issue
such certificate for subsequent correction in the computerized goods
declaration.”;
(28)
in section 156, in sub-section (1), in the Table,
in column zero,—
(a)
against S.No.1,—
(i)
for sub-serial No.(ii), and entries relating thereto
in columns (1), (2) and (3), the following
shall be substituted,
namely:—
|
|
|
|
|
|
|
If any
person, as specified in the
rules, contravenes
the |
|
such person shall be
liab under: - |
le to a
penalty as |
General |
|
requirement of placement of |
|
1st
time |
Rs 50,000/- |
|
|
invoice and packing list |
|
2nd
time |
Rs 250,000/- |
|
|
inside the import container or consignment. |
|
3rd time and
onward for every recurring violation |
Rs 500,000/- |
|
(ii)
after sub-serial number (ii), amended as aforesaid, the following
new serial number
and entries thereto
in column (1), (2) and (3), shall be inserted, namely:—
|
“(iii) |
If any
person fails to attach or electronically upload mandatory documents required under |
such person shall under:- 1st
time |
be liable to a penalty
as Rs.50,000/- General”; |
|
|
|
section 79 or
131 of
the |
2nd
time |
Rs.100,000/- |
|
|
|
Customs Act, 1969-, |
3rd time |
Rs.150,000/- |
|
|
|
|
4th
time |
Rs.200,000/- |
|
|
|
|
5th time and onwards, |
Rs.250,000/-, |
|
(b)
S.No. 47A, and entries related thereto in column (1), (2) and (3)
shall be omitted;
(c)
against S.No.89,
in the sub-serial number (i), in column (1), after the word “concealing”, the expression “, retailing” shall be inserted; and
(d)
against S.No.90,
in column (1), after the word concealing,
the expression “, retailing”
shall be inserted;
(29)
in section 157, in sub-section (2), in the proviso, for the full stop a colon shall be substituted and thereafter the following new proviso shall be added, namely:—
“Provided further that where a conveyance found carrying smuggled goods in false cavities
or being used exclusively or wholly
for transportation of offending goods under clause (s) of section 2 of this Act, has been seized for the third time, no option to pay fine in lieu of the confiscation shall be
given.”;
(30)
in section 179, in sub-section (3), in the second proviso, for the full stop at the end, a colon shall be substituted and thereafter the following
proviso shall be added,
namely:—
“Provided further that in
cases where in goods are lying at sea-port,
airport or dryport, these shall be decided
within thirty days of the issuance of show cause notice which can be extended by another
fifteen days by Collector
of Customs, if required
so.”.
(31)
in section 195, for marginal note and for sub-section (1), the following shall be substituted,
namely:—
“195. Powers of Board or Chief Collector
or Collector to pass certain
orders.—(1) The Board or the Chief Collector
or the Collector
of Customs may, within
his jurisdiction, call for
and examine the records of
any
proceedings under this Act for the purpose of satisfying itself or, as the case may be, himself
as to the legality
or propriety of any decision
or order passed by a subordinate officer:”;
(32)
in section 196, in sub-section (1), for the word “Additional”, wherever occurring,
the word “Deputy” shall be substituted;
(33)
in section 202B, for marginal
note and for sub-section (1), the following shall be substituted, namely:—
“202B. Reward to officers and officials of Customs and Law Enforcement Agencies.—(1) In cases involving evasion of customs-duty and other taxes and confiscation of goods, cash reward shall be sanctioned to the officers of Customs
Service of Pakistan,
as defined under the Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990 and officials
including officers and officials
of other law enforcement agencies, who assist Customs officers and officials or are actually
instrumental in seizure
of smuggled goods and vehicles as confirmed
by the respective Collectorate of Customs,
for their meritorious conduct in such cases,
and to the informer
providing credible information leading to such confiscation or detection, as may be prescribed by rules by the Board, only after realization of part or whole of the duty and taxes involved in such
cases.”;
(34)
in section 212B, in sub-section (5), for the words “one year” , the words
“three years” shall be substituted;
![]()
(35)
in the First Schedule,—
(i)
in Sub-Chapter-V, in the title, after the word “AREA”, the expression “OR SPECIAL TECHNOLOGY ZONES (STZ) OR AUTHORIZED UNDER EXPORT FACILITATION SCHEMES,” shall be added; and
(ii)
the amendments set out in the First Schedule to this Act shall be made in the
First Schedule to the Customs Act, 1969 (IV of
1969); and
(36)
the Fifth Schedule to the Customs Act, 1969 (IV of 1969),
shall be substituted in the manner provided for in the Second Schedule to this
Act.
4.
Amendments of the Members of Parliament (Salaries and Allowances) Act, 1974 (XXVII of 1974).—In the Members of Parliament (Salaries and Allowances) Act, 1974 (XXVII of 1974),
the following further
amendments shall be
made, namely:—
(1)
In section 10,—
(a)
in sub-section (2A),—
(i)
after the word “nearest”, the words “or most viable”
shall be inserted;
(ii)
after the word “Islamabad”, the words
“or the equivalent value
thereof in travel vouchers.”
shall be inserted;
and
(b)
after sub-section (2A), as amended
aforesaid, the following new explanation
shall be added;
“Explanation.—In this sub-section where the Pakistan
International Airlines Corporation (PIAC) does not fly from the concerned member’s constituency, twenty-five business
class open return air tickets shall be issued by the PIAC or travel vouchers
of equivalent value for issuance of air tickets
from another nearest viable Airport.
The member may opt for provision
of air
tickets or travel vouchers.”;
(c)
in sub-section (3),—
after the expression “sub-section (1)”, the expressions “and (2A)” shall be inserted; and
(d)
in sub-section (4), after the expression “sub-section (1)”, the expression
“and (2A)” shall be inserted.”
5.
Amendments of the Sales Tax Act, 1990.—In the Sales Tax Act, 1990, the
following further amendments
shall be made, namely:—
(1)
in section 2,—
(a)
after clause (4A), the following new clause shall be inserted,
namely:—
“(4AA) “Commissioner (Appeals)” means Commissioner of
Inland Revenue (Appeals) appointed under
section 30;”;
(b)
in clause (5AB), in sub-clause (d), for the word “three”, the word “ten” shall be
substituted;
(c)
after clause (18), the following new clause (18A) shall be inserted,
namely:—
“(18A) “online market place” includes
an electronic interface
such as a market place, e-commerce platform, portal or similar means which facilitate sale of goods, including
third party sale, in any of the following manner, namely:—
(a)
by controlling the
terms and conditions of the
sale;
(b)
authorizing the charge to the customers
in respect of the payment for
the
supply; or
(c)
ordering or delivering the goods.”;
(d)
in clause (37), in sub-clause (iii), after the word “falsification”, the
word “of” shall be inserted;
(e)
in clause (43A),
(i)
in sub-clause (e), after the word “more”, the words “or two thousand
square feet in area or more in the case of retailer of furniture”
shall be inserted;
(ii)
after sub-clause
(e), the word “and”
shall be omitted and thereafter
following new clause (f) shall be
inserted, namely:—
“(f) a retailer who has acquired
point of sale for accepting payment through debit or credit
cards from banking
companies or any other digital payment service
provider authorized by State Bank of Pakistan;
and”
(iii)
existing sub-clause (f) shall be
renumbered as (h); and
(f)
in clause (44), in sub-clause (a), the words “or the time when any payment is received
by the supplier in respect of that supply, whichever is earlier”
shall be omitted;
(2)
in section 3,—
(a)
in sub-section (1B), in
clause (a), for the word “on”, occurring for the second time, the word “or” shall be substituted;
(b)
in sub-section (9A), first proviso shall be omitted; and
(c)
after sub-section (9A), the following
new sub-section shall be added,
namely:—
“(9AA) In respect of goods, specified in the Thirteenth Schedule,
the minimum production for a month shall be determined on the basis of a single or more inputs as consumed in the production process as per criterion specified in the Thirteenth Schedule and if minimum
production so determined
exceeds the actual supplies for the month, such minimum production shall be treated as quantity supplied during the month and the liability
to pay tax shall be
discharged accordingly.”.
(3)
in section 8B,—
(a)
in sub-section (1), after the word “person”,
the words “other than public limited
companies listed on Pakistan
Stock Exchange” shall be inserted;
and
(b)
in sub-section (6), for the expression “15%”, the expression “60%” shall be
substituted;”
(4)
in section 11, in sub-section (5), for the words “relevant date”, the words “end of the financial
year in which the relevant date falls” shall be substituted;
(5)
in section 22, in sub-section
(1),—
(a)
in clause (e), after the word “bills” occurring for second time, the expression
“cash book,” shall be inserted; and
(b)
after clause (ea), the following new clause (eb) shall be inserted,
namely:—
“(eb) Electronic version of records mentioned in clauses (a) to (ea) of
this sub-section.”.
(6)
in section 25AA, the existing
sub-section shall be renumbered as sub-section (1) and thereafter the following new sub-section (2) shall be added,
namely:—
“(2) The Board may, by notification in official
gazette, prescribe rules
for carrying out the
purpose of sub-section (1).”;
(7)
after omitted section
26A, the following new section
26AB
shall be inserted, namely:—
“26AB. Extension of time for furnishing returns.—(1) A
registered person required to furnish
a return under section 26 may apply, in writing,
to the Commissioner for an extension
of time to furnish the return.
(2)
An application under sub-section (1) shall be made
by the due date for furnishing the return in terms of section 2(9) for the period
to which
the application relates.
(3)
Where an application has been made under sub-section (1) and the Commissioner is satisfied that the applicant is unable to furnish
the return to which the application relates by the due date
because of—
(a)
absence from Pakistan;
(b)
sickness or other misadventure;
or
(c)
any other reasonable cause,
the Commissioner may, by order in writing,
grant the applicant an
extension of time for furnishing the return.
(4)
An extension
of time under sub-section (3) shall not exceed
fifteen days from the due date for furnishing the return, unless there
are exceptional circumstances justifying a longer extension
of time:
Provided
that where the Commissioner has not granted
extension for furnishing the return under sub-sections (3) or (4), the Chief Commissioner may on an application made by the
registered person for extension
or further extension, as the case may be, grant extension
or further extension
for a period
not exceeding fifteen
days, unless there are exceptional circumstances justifying a longer extension
of time.
(5)
An extension
or further extension of time granted under sub- sections
(3) or (4), as the case may be, shall not, for the purpose of charge of default surcharge
under section 34, change the due date for payment
of sales tax under section
6.”;
(8)
In section 40D, in sub-section (5), after the expression “Gilgit- Baltistan,”, the words “Border Sustenance Markets and” shall be inserted;
(9)
after section
40D, the following
new section 40E shall be inserted,
namely:—
“40E. Licensing of brand name.—(1) Manufacturers of the specified goods shall be required
to obtain brand licence
for each brand or stock keeping
unit (SKU) in such manner as may be
prescribed by the Board.
(2) Any specified brand and SKU found to be sold without
obtaining a licence
from the Board shall be deemed counterfeit goods and liable to outright
confiscation and destruction in the prescribed manner and such destruction and confiscation shall be without
prejudice to any other penal action
which may be taken under this
Act.”;
(10)
in section 48, after sub-section (2), the following new sub-section
(3) shall be
added, namely:—
“(3) The provision
of sub-sections (1) and (2) shall mutatis mutandis apply regarding assistance
in collection and recovery of taxes in pursuance of a request from a foreign
jurisdiction under a tax
treaty, bilateral
or a multilateral
convention,
and
inter-governmental agreement or similar agreement or
mechanism.”;
(11)
in section 50, in sub-section (2), after the word “price”,
the words “or may be placed regularly on the official website maintained by the Board” shall be inserted;
(12)
in section 56A,—
(i)
in the title,
after the word
“information”, the words “or assistance in recovery
of taxes” shall be
inserted;
(ii)
after sub-section (1), the following
new sub-section (1A) shall be inserted,
namely:–
“(1A) Notwithstanding anything contained in this Act, the Board shall have power to share data or information including
real time
data videos, images received under the provisions of this Act with any
other Ministry or Division of the Federal
Government or Provincial Government, subject
to
such limitations and conditions
an may be specified
by the Board.”; and
(iii)
after sub-section (2), the following
new sub-section (3) shall be
added, namely:—
“(3) The Federal Government may enter into bilateral
or multilateral convention, and inter-governmental agreement or similar
agreement or mechanism
for assistance in
the recovery of taxes.”;
(13)
in section 56C, the existing sub-section shall be renumbered as sub-section (1) and thereafter the following new sub-section shall be added,
namely:—
“(2) The Board may prescribe procedure for “mystery
shopping” in respect of invoices
issued by tier-1 retailers
integrated with FBR online system randomly and in case of any discrepancy, all the relevant provisions of this Act shall apply accordingly.”;
(14)
in section 67, in first proviso at the end for full stop at the end a colon shall be substituted and thereafter the following new proviso
shall be added, namely:—
“Provided further that where a
refund due in the consequence of any order passed under section 66 is not made within forty five days of date of such order, there shall be paid to the claimant in addition to the amount
of the refund due to him, a further
sum equal to KIBOR per annum of the amount of refund, due from the date of the refund
order.”;
(15)
in section 73, in sub-section (1), after the first proviso,
the following new proviso shall be added, namely:—
“Provided further that adjustments made by a registered person in respect
of amounts payable and receivable to and from the same party shall be treated as payments
satisfying the provisions of this sub-section subject to following conditions, namely:—
(a)
sales tax has been charged and paid by both parties under the relevant provisions of this Act and rules prescribed thereunder,
wherever applicable; and
(b)
the registered person has sought prior approval of the Commissioner before making such adjustments.”;
(16)
in section 76, the existing sub-section shall be renumbered as sub- section
(1) and thereafter the following new sub-section (2) shall be
added, namely:—
“(2) The Board may authorize
and prescribe the manner in which fee and service charges collected under sub-section (1) shall be
expended.”;
(17)
in the Third Schedule, in column (1), after serial number 49, the following new serial number 50
and entries relating thereto in columns
(2)
and (3) shall be added,
namely:—
|
“50. |
Sugar except where it is
supplied as an industrial raw material to pharmaceutical, beverage and confectionery industries |
Respective heading”; |
(18)
in the Fifth Schedule,
in the Table, in column
(1),—
(a)
Serial No. 1, 6, 10 and 11 and entries
relating thereto in column
(2) shall be
omitted; and
(b)
in the Fifth Schedule, after S. No. 14, in column (1) and entries
relating thereto
in column
(2),
the following
new
S. No.
15 shall be added, namely:—
|
“15. |
Local supplies of raw materials, components, parts and plant and machinery to registered exporters authorized under Export Facilitation Scheme, 2021
notified by the Board with such conditions, limitations
and restrictions.”; |
|
16. |
Milk (PCT heading 04.01). |
|
17. |
Fat filled milk excluding that sold in retail packing under
a brand name or a trademark (PCT heading 1901.9090). |
|
18. |
(i)
Supply, repair or maintenance of any ship which is neither; (a)
a ship of gross
tonnage of less than 15 LDT; nor (b)
a ship designed or adapted for use for recreation or pleasure. (ii)
Supply of spare parts and equipment for ships falling under
(i) above. (iii) Supply of equipment and machinery for
salvage or towage
services. (iv)
Supply of equipment and machinery for
other services provided for the handling of ships in a port.” |
(19)
in the Sixth Schedule,—
(a)
in Table-1, in column (1),—
(i) Serial No. 22, 24, 26, 27, 29, 29C, 73, 73A, 74, 75, 76,
77, 78, 79, 80, 82, 83, 85, 91, 93, 101, 103, 106, 108,
115, 123, 124, 125, 128 and 153 and entries
relating thereto in columns (2) and (3) shall be
omitted;
(ia) against
S. No. 19, for the entry in column (2), the expression “cereals and products of milling
industry” shall be substituted;
(ii)
against S. No. 133,
in columns (2) and (3), the
following new
entries shall be added, namely:—
|
|
White spirit |
2710.1240 |
|
|
Solvent oil |
2710.1250.” |
(iii)
in serial No. 137,—
(a)
in column (2), after expression “g/m2”, the words “, art paper and printing
paper” shall be inserted;
and
(b)
in column
(3), after the figure “4802.5510”, the expression “,4810.1990, 4810.1910
and 4802.6990”
shall be inserted;
(iv)
after serial
No. 156 and entries relating thereto in columns
(2) and (3), the following new serial Nos. shall be
added, namely:—
|
“157. |
Import of
CKD (in kit form) of following electric vehicles (4 wheelers) by local manufacturers till 30th June, 2026: (i)
Small cars/SUVs with 50
Kwh battery or below;
and (ii)
Light commercial
vehicles (LCVs) with 150 kwh
battery or below |
Respective headings |
|
158. |
Goods temporarily imported into Pakistan by International Athletes which
shall be subsequently taken by them within 120 days of temporary
import |
Respective headings |
|
159. |
Import of
auto disable Syringes till 30th June, 2021 (i)
with needles (ii)
without needles |
9018.3110 9018.3120 |
|
160. |
Import of
following raw materials for the manufacturers of auto disable
syringes till 30th
June, 2021 (i)
Tubular metal needles (ii)
Rubber Gaskets |
9018.3200 4016.9310 |
|
161. |
Import of
plant, machinery, equipment and raw materials for consumption of these items
within Special Technology Zone by the Special
Technology Zone Authority, zone developers and zone enterprises |
Respective headings |
|
162. |
Import of raw materials, components, parts and plant
and machinery by registered persons authorized under
Export Facilitation Scheme, 2021
notified by the Board
with such conditions, limitations
and restrictions.”; |
Respective headings |
(b)
in Table-2, in column (1),—
(i)
serial Nos. 17, 18, 19, 20, 24 and 25 and entries
relating thereto in columns (2) and (3) shall be
omitted;
(ii)
after serial number 25, the following
new serial numbers and entries
relating thereto in columns
(2) and (3) shall be
added, namely:—
|
“26. |
Supply
of locally produced silos
till
30.06.2026 |
Respective heading |
|
27. |
Wheat Bran |
2302.3000 |
|
28. |
Sugar beet |
1212.9100 |
|
29. |
Fruit juices, whether fresh,
frozen or otherwise preserved but excluding those
bottled, canned or packaged. |
2009.1100, 2009.1200, 2009.1900, 2009.2100, 2009.2900, 2009.3100, 2009.3900, 2009.4100, 2009.4900, 2009.5000, 2009.6100, 2009.6900, 2009.7100, 2009.7900, and 2009.9000 |
|
30. |
Milk and cream, concentrated or
containing added sugar or other sweetening matter, excluding that sold
in retail packing under a brand name |
04.02 |
|
31. |
Flavored milk,
excluding that sold in retail
packing under a brand name |
0402.9900 |
|
32. |
Yogurt,
excluding that sold in retail packing under
a brand name |
0403.1000 |
|
33. |
Whey,
excluding that sold
in
retail packing under
a brand name |
04.04 |
|
34. |
Butter,
excluding that
sold
in
retail packing under
a brand name |
0405.1000 |
|
35. |
Desi ghee, excluding that sold in retail
packing under
a brand name |
0405.9000 |
|
36. |
Cheese, excluding
that sold in retail packing under
a brand name |
0406.1010 |
|
37. |
Processed cheese not grated or powdered, excluding that sold
in retail packing under
a brand name |
0406.3000 |
|
38. |
Sausages and similar products of
poultry meat or meat
offal excluding sold in retail
packing under a brand
name or trademark |
1601.0000 |
|
39. |
Products of
meat or meat offal excluding sold
in retail packing
under a brand
name or trademark |
1602.3200, 1602.3900, 1602.5000, 1604.1100, 1604.1200, 1604.1300, 1604.1400, 1604.1500, 1604.1600, 1604.1900, 1604.2010, 1604.2020 and 1604.2090.”. |
(c)
in Table-3, in column (1), after S. No. 20 and entries relating
thereto in columns (2), (3) and (4), the following new S. No. 21 shall be added,
namely:—
|
“21. |
Import of POS machines |
8470.2900, 8470.9000 |
POS machines imported for installation on retail
outlets as are integrated with the Board’s computerized system for real-time
reporting of sales.”. |
(d)
after Table-3,
the
following new Table shall
be
added, namely:—
The goods specified in column (2) of the Annexure below falling
under the PCT codes specified
in column (3) of the said Annexure, when supplied within the limits of the Border Sustenance Markets, established in cooperation with Iran and Afghanistan, shall be exempted
from the whole of the sales tax,
subject to the following
conditions, namely:—
(i)
Such goods shall be supplied only within the limits of Border Sustenance Markets established in cooperation with Iran and Afghanistan;
(ii)
If the goods, on which exemption
under this Table has been availed,
are brought outside
the limits of such markets,
sales tax shall be charged on
the value assessed on the goods declaration import or the fair
market value, whichever is higher;
(iii)
Such items in case of import, shall be allowed
clearance by the Customs Authorities subject to furnishing of bank guarantee
equal to the amount of sales tax involved
and the same shall be released after presentation of consumption certificate issued by the Commissioner Inland
Revenue having jurisdiction;
(iv)
The said exemption shall only be available to a person
upon furnishing proof of having
a functional business
premises located within limits of the Border Sustenance Markets;
and
(v)
Breach of any of the conditions specified herein shall attract relevant legal provisions of this Act, besides
recovery of the amount
of sales tax alongwith
default surcharge
and penalties involved.
Annexure
|
S.No (1) |
Description (2) |
Heading Nos of
the First Schedule to the Customs Act, 1969 (IV of 1969) (3) |
|
1 |
Seed (Potatoes) |
0701.1000 |
|
2 |
Tomatoes, fresh or chilled |
0702.0000 |
|
3 |
Onions
and shallots |
0703.1000 |
|
4 |
Garlic |
0703.2000 |
|
5 |
Cauliflowers cabbage |
0704.9000 |
|
6 |
Carrots and turnips |
0706.1000 |
|
7 |
Cucumbers and gherkins fresh or chilled |
0707.0000 |
|
8 |
Peas (pisum sativum) |
0708.1000 |
|
9 |
Beans (vigna spp., phaseolus
spp.) |
0708.2000 |
|
10 |
other leguminous vegetables |
0708.9000 |
|
11 |
Peas (Pisum sativum) |
0713.1000 |
|
12 |
Grams (Dry/Whole) |
0713.2010 |
|
13 |
Dried leguminous vegetables |
0713.2090, 0713.9090 |
|
14 |
Beans
of
the species Vigna mungo
(L.) Hepper
or Vigna radiata (L.) Wilczek |
0713.3100 |
|
15 |
Small red
(Adzuki) beans (Phaseolus or
Vigna angularis) |
0713.3200 |
|
16 |
Kidney beans including white
beans |
0713.3300 |
|
17 |
Bambara – vigna subteranea or vaahdzeia subterrea |
0713.3400 |
|
18 |
Beans vigna unguiculata |
0713.3500 |
|
19 |
Other |
0713.3990 |
|
20 |
Lentils (Dry/Whole) |
0713.4010 |
|
21 |
Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina, Vicia faba var.
minor) |
0713.5000 |
|
22 |
Pigeon peas (cajanus cajan) |
0713.6000 |
|
23 |
Vanilla (Neither
crushed nor ground) |
0905.1000 |
|
24 |
Cinnamon |
0906.1100 |
|
25 |
Other (Cinnamon And Cinnamon Tree Flowers) |
0906.1900 |
|
26 |
Neither crushed nor ground
(Cloves) |
0907.1000 |
|
27 |
Crushed or ground (Cloves) |
0907.2000 |
|
28 |
Neither Crushed nor ground
(Nutmeg) |
0908.1100 |
|
29 |
Crushed or ground (Nutmeg) |
0908.1200 |
|
30 |
Neither crushed nor ground
(Maze) |
0908.2100 |
|
31 |
Crushed
or ground (Maze) |
0908.2200 |
|
32 |
Large (Cardammoms) |
0908.3110 |
|
33 |
Small (Cardammoms) |
0908.3120 |
|
34 |
Crushed or ground (Cardammoms) |
0908.3200 |
|
35 |
Neither crushed nor ground
(Coriander) |
0909.2100 |
|
36 |
Crushed or ground (Coriander) |
0909.2200 |
|
37 |
Neither crushed nor ground
(Seeds of Cumins) |
0909.3100 |
|
38 |
Crushed or ground (Seeds of Cumins) |
0909.3200 |
|
39 |
Neither crushed nor ground (Seeds of Anise,
Badian, Caraway, Fennel etc) |
0909.6100 |
|
40 |
Crushed or
ground (Seeds of Anise,
Badian, Caraway, Fennel
etc) |
0909.6200 |
![]()
|
|
|
|
|
(1) |
(2) |
(3) |
|
41 |
Thyme; bay leaves |
0910.9910 |
|
42 |
Barley (Seeds) |
1003.1000, 1003.9000 |
|
43 |
Sunflower seeds ,whether or
not broken |
1206.0000 |
|
44 |
Locust
beans |
1212.9200 |
|
45 |
Cereal straws and husks |
1213.0000 |
|
46 |
Knives and cutting blades for paper and paper
board |
8208.9010 |
|
47 |
Of a
fat content, by weight, not exceeding 1 % (milk and cream) |
0401.1000 |
|
48 |
Of a
fat content, by weight,
exceeding 1 % but not exceeding 6 % (milk
and cream) |
0401.2000 |
|
49 |
Of a
fat content, by weight,
exceeding 6 % but not exceeding 10% (Milk and
Cream) |
0401.4000 |
|
50 |
Of a
fat content, by weight,
exceeding 10 % (Milk and Cream) |
0401.5000 |
|
51 |
Leeks
and other alliaceous vegetables |
0703.9000 |
|
52 |
Cauliflowers and headed
broccoli |
0704.1000 |
|
53 |
Brussels sprouts |
0704.2000 |
|
54 |
Cabbage lettuce
(head lettuce) |
0705.1100 |
|
55 |
Lettuce |
0705.1900 |
|
56 |
Chicory |
0705.2100, 0705.2900 |
|
57 |
Fruits of the genus Capsicum or of the
genus Pimenta |
0709.6000 |
|
58 |
Figs |
0804.2000 |
|
59 |
Fresh (grapes) |
0806.1000 |
|
60 |
Dried (Grapes) |
0806.2000 |
|
61 |
Melons |
0807.1100, 0807.1900 |
|
62 |
Apples |
0808.1000 |
|
63 |
Green Tea |
0902.1000 |
|
64 |
Other Green Tea |
0902.2000 |
|
65 |
Crushed or ground (Ginger) |
0910.1200 |
|
66 |
Turmeric (curcuma) |
0910.3000 |
|
67 |
Other (spice) |
0910.9990 |
|
68 |
Lactose (Sugar ) |
1702.1110 |
|
69 |
Sugar Syrup |
1702.1120 |
|
70 |
Sugar Other |
1702.1900 |
|
71 |
Caramel |
1702.9020 |
|
72 |
Oil-cake and other solid residues, whether or not ground
or in the form of pellets, resulting from the extraction
of soya bean oil. |
2304.0000 |
|
73 |
Other (animal feed) |
2309.9000 |
|
74 |
For Sewing (Thread) |
5204.2010 |
|
75 |
For embroidery
(Thread) |
5204.2020 |
|
76 |
Spades and shovels |
8201.1000 |
|
77 |
Tools for masons, watchmakers, miners and hand
tools nes |
8205.5900 |
|
78 |
For kitchen
appliances or for machines used by the food
industry |
8208.3000 |
|
79 |
Other kitchen appliances |
8208.9090 |
|
80 |
Yogurt |
0403.1000 |
|
81 |
Other (Potatoes) |
0701.9000 |
|
82 |
Sweet corn |
0710.4000 |
![]()
|
|
|
|
|
(1) |
(2) |
(3) |
|
83 |
Mixtures of vegetables |
0710.9000 |
|
84 |
Fresh (Dates) |
0804.1010 |
|
85 |
Dried (Dates) |
0804.1020 |
|
86 |
Apricots |
0809.1000 |
|
87 |
Sour cherries (Prunus cerasus) |
0809.2100 |
|
88 |
Other (Apricots) |
0809.2900 |
|
89 |
Peaches, including nectarines |
0809.3000 |
|
90 |
Plums
and sloes |
0809.4000 |
|
91 |
Strawberries |
0810.1000 |
|
92 |
Kiwi Fruit |
0810.5000 |
|
93 |
Neither crushed nor ground
(Ginger) |
0910.1100 |
|
94 |
Wheat and Meslin(Other) |
1001.1900 |
|
95 |
Wheat and Meslin (Other ) |
1001.9900 |
|
96 |
Of Wheat (Flour) |
1101.0010 |
|
97 |
Of
Meslin |
1101.0020 |
|
98 |
Vermacelli |
1902.1920 |
|
99 |
Other (Packed Cake) |
1905.9000 |
|
100 |
Homogenised perparations |
2007.1000 |
|
101 |
Citrus Fruit |
2007.9100 |
|
102 |
Other (jams) |
2007.9900 |
|
103 |
Organic surface-active products and
preparations for washing
the skin, in the form of liquid
or cream and put up for
retail sale, whether or not
containing soap |
3401.3000 |
|
104 |
Preparations put up for retail sale |
3402.2000 |
|
105 |
Other (washing preparations) |
3402.2000 |
|
106 |
Tableware and kitchenware of porcelain or china |
6911.1090 |
|
107 |
Household articles nes & toilet articles of porcelain or china |
6911.9000 |
|
108 |
Glassware for table or
kitchen purposes (excl. glass
having a linear
c |
7013.4900 |
|
109 |
Glassware nes (other than that
of 70.10 or 70.18) |
7013.9900 |
|
110 |
Spoons |
8215.9910 |
|
111 |
Tableware articles not in sets
and not
plated
with
precious metal |
8215.9990 |
|
112 |
Bicycles and other cycles (including delivery tricycles), not
motorised |
8712.0000 |
|
113 |
Vacuum flasks |
9617.0010 |
|
114 |
Vacuum flasks/vacuum vessels complete w/cases; parts
o/t glass inners (others) |
9617.0020.”; |
(20)
in the Eighth Schedule,
in Table-1,
in column (1),—
(a)
S. No. 1, 5, 19, 22, 50, 51, 65 and 67 and entries relating thereto in columns (2), (3), (4) and (5)
shall be omitted;
(b)
against S.
No. 15, in column (3), the expression “2302.3000 (Wheat Bran)” shall be omitted;
(c)
against serial number 56,—
![]()
(i)
in column (4), for the figure “80”, the figure “90” shall be substituted; and
(ii)
in column (5), for the figure “70”, the figure “90” shall be substituted;
(d)
against S. No. 63, in Column
No. (4), for the expression “0.5%”, the expression
“2%” shall be substituted; and
(e)
against S. No. 66, in column (1), in column (4), for the figure “12”, the figure “10” shall be substituted;
(f)
after serial number 70, the following new Serial Nos. and entries relating thereto
in columns
(2), (3), (4) and (5) shall be added,
namely:—
|
“71. |
Following locally manufactured or
assembled electric vehicles (4
wheelers) till 30th
June, 2026: (i)
Small cars/ SUVs with 50 Kwh battery or below;
and (ii)
Light commercial vehicles (LCVs) with
150 kwh battery or below |
Respective heading |
1% |
If supplied locally |
|
72. |
Motorcars |
87.03 |
12.5% |
Locally manufactured or assembled motorcars of cylinder capacity upto 1000cc |
|
73. |
Import
and local
supply of Hybrid Electric Vehicles: (a)
Upto 1800
cc (b)
From 1801 cc to
2500 cc |
87.03 87.03 |
8.5%. 12.75%; |
|
|
74. |
Goods supplied from tax-exempt areas of
erstwhile FATA/PATA to the
taxable areas |
Respective headings |
16%.” |
|
(21)
in the Ninth Schedule,
after Table-I, the following
proviso and explanation shall be added, namely:—
“Provided that the
provisions of Table-I shall not
be applicable from 1st
July, 2020 onwards.
Explanation.—For removal
of doubt, it is clarified
that the above amendment in law shall not prejudicially affect, the Board’s
stance or position
in pending cases on the issue of chargeability of sales tax on SIM cards before any court of
law.”;
![]()
(22)
in the Eleventh Schedule, in the Table, after S. No. 6, in column (1), the following new S. Nos. and entries relating thereto in columns (2),
(3) and (4) shall be
inserted, namely:—
|
“7. |
Registered persons manufacturing lead batteries |
Persons supplying any kind of lead under
chapter 78 (PCT Headings:
7801.1000, 7801.9100, 7801.9900, 7802.0000, 78.03, 7804.1100, 7804.1900, 7804.2000, 78.05, 7806.0010,
7806.0020, 7806.0090) or scrap batteries
under chapter 85 (PCT
Headings: 8548.1010, 8548.1090) |
75% of the
sales
tax applicable”. |
|
8. |
Online
market place |
Persons other than active taxpayers |
2%
of gross value of supplies: Provided that the provisions of this entry shall be effective from the date as notified by the Board.”. |
(23)
in the Twelfth
Schedule, in clause (2), after sub-clause (x), under Procedure
and conditions, the following
new clauses shall be added,
namely:—
“(xi) Electric
vehicles (4 wheelers)
CKD kits for small cars/SUVs, with 50 kwh battery
or below and LCVs with 150 kwh battery
of below till 30th June,
2026;
(xii)
Electric vehicles
(4 wheelers) small cars/SUVs, with 50 kwh battery or below and LCVs with 150 kwh battery of below in CBU condition till 30th June,
2026”;
(xiii)
Electric vehicles
(2-3 wheelers and heavy commercial vehicles) in CBU
condition till 30th June, 2025; and
(xiv)
motor cars of cylinder
capacity upto 850cc
(24)
after the Twelfth
Schedule, the following
new Schedule shall be added; namely:
(Minimum Production)
[See sub-section
(9AA) of section 3]
The minimum production for steel products shall be determined as per criterion
specified against each in the Table below:
|
S. No. |
Product |
Production criteria |
|
(1) |
(2) |
(3) |
|
1. |
Steel billets and ingots |
One metric ton per 700 kwh of electricity consumed |
|
2. |
Steel bars
and
other re- rolled long
profiles of steel |
One metric ton per 110 kwh of electricity consumed |
|
3. |
Ship plates and other
re- rollable scrap |
85%
of the weight of the vessel
imported for breaking”; and |
Procedure
and conditions:—
(i)
both actual and
minimum production and the local supplies shall be declared
in the monthly
return. In case, the minimum production exceeds actual supplies for the month, the liability to pay tax shall be
discharged on the basis of minimum production:
Provided
that in case, in a subsequent month, the actual supplies
exceed the minimum production, the registered person shall be entitled to get adjustment of excess
tax on account
of excess of minimum production
over actual supplies:
Provided further that in a
full year, as per financial year of
the
company or registered person, or period starting
from July to June of next year, in other cases, the tax actually
paid shall not be less than the liability
determined on the basis of minimum production for that year and in case of excess payment no refund
shall be admissible:
Provided
also that in case of ship-breaking, the liability
against minimum production, or actual supplies, whichever is higher, shall be deposited on monthly
basis on proportionate basis depending upon the time
required to break the vessel;
(ii)
the payment of tax on ship plates
in aforesaid manner
does not absolve ship breakers of any tax liability in respect
of items other than ship plates
obtained by ship-breaking;
(iii)
the melters and re-rollers employing self-generated power shall install a tamperproof meter for measuring
their consumption. Such meter shall be duly locked in room with keys in the custody of a nominee of the Commissioner Inland Revenue having jurisdiction.
The officers Inland Revenue having jurisdiction shall have full access to such
meter;
(iv)
the minimum production of industrial units employing both distributed power and self-generated power shall be determined on the basis of
total electricity consumption.
6.
Islamabad Capital Territory (Tax on
Services) Ordinance, 2001.—(1) in
section 3, after sub-section (1), the following new sub-section (1A) shall be inserted, namely:–
“(1A) Notwithstanding the provision
of sub-section (1), the
export of services shall be charged at the rate of
zero per cent.”
7.
Amendments of Income Tax Ordinance, 2001
(XLIX of 2001).—In the Income Tax Ordinance, 2001 (XLIX of 2001),
the following further
amendments shall be made, namely:—
(1)
in section 2,—
(a)
in clause (1B), for
the
expression “Companies Ordinance, 1984 (XLVII of 1984)”, the expression “Companies Act, 2017 (XIX of 2017)”
shall be substituted;
(b)
after clause (10), the following
new clause shall be inserted, namely:—
“(10A) “business bank account”
means a bank account utilized by the taxpayer
for business transaction declared to the Commissioner through original or modified
registration form prescribed
under section 181;”;
(c)
clause (13AA)
shall be re-numbered as clause (13AB)
and after clause (13A), the
following new clause shall be inserted, namely:—
“(13AA) concealment of
income includes—
(a)
the suppression of any item of receipt liable to tax in whole or in part, or failure
to disclose income chargeable to tax;
(b)
claiming any deduction
or any expenditure not actually incurred;
(c)
any act referred
to in sub-section (1) of section
111; and
(d)
claiming of any income
or receipt as
exempt which is otherwise
taxable.
Explanation.—For removal of doubt it is clarified that none of the aforementioned acts would constitute concealment of income unless it is proved that taxpayer
has knowingly and willfully committed these
acts;”;
(d)
in clause (19), in sub-clause (e), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”,
the expression “Companies Act, 2017 (XIX of 2017)” shall be substituted;
(e)
in clause (24), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”, the expression “Companies Act, 2017 (XIX of 2017)”
shall be substituted;
(f)
in clause (29), the expression
“233A,” shall be omitted;
(g)
in clause (29C),—
(a)
in sub-clause (ab), after semi colon at the end, the word “and” shall be
added;
(b)
sub-clause (b) shall be
omitted; and
(c)
after sub-clause (b), omitted as aforesaid, the following
new sub-clause shall be added,
namely:—
“(c) telecommunication companies operating under the license
of Pakistan Telecommunication Authority (PTA).”;
(h)
after clause (30AC), the following new clauses shall be inserted, namely:—
“(30AD) Information Technology (IT) services
include software development, software maintenance, system integration, web design, web
development, web hosting
and network design; and
(30AE) IT enabled services include inbound or outbound
call centres, medical transcription, remote monitoring, graphics design, accounting services, Human Resource (HR) services, telemedicine centers, data entry operations, cloud
computing services, data storage
services, locally produced television programs and insurance claims
processing;”;
(i)
in clause (35AA), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”,
the expression “Companies Act, 2017 (XIX of 2017)”
shall be substituted;
(j)
in clause (42A),
for the expression “Companies Ordinance, 1984 (XLVII of 1984)”, the expression “Companies Act, 2017 (XIX of 2017)”
shall be substituted;
(k)
in clause (59A), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”, the expression “Companies Act, 2017 (XIX of 2017)”
shall be substituted;
(l)
clause (59A) shall be re-numbered as clause (59AB) and after clause (59), the following new clause (59A) shall be inserted, namely:—
“(59A) “small and medium enterprise” means a person who is engaged
in manufacturing as defined in clause (iv) of sub-section (7) of section 153 of the Ordinance
and his business turnover in a tax year does not exceed two hundred and fifty million
rupees:
Provided
that if annual business turnover of a small and medium enterprise exceeds two hundred and fifty million rupees, it shall not qualify as small and medium enterprise in the tax year in which annual turnover exceeds that turnover or any subsequent tax year.
(m)
in clause (59AB), re-numbered as aforesaid,—
(i)
in sub-clause (ii), the word “and”, at
the end shall be omitted;
(ii)
in clause (iii), after the semi colon, the word “and” shall be
added;
(iii)
after sub-clause
(iii), amended as
aforesaid, the following new clause
shall be added, namely:—
“(iv) is not a small and medium enterprise as defined
in clause (59A).;
(n)
in clause (62A), in sub-clause (ii), for the words “Federal Government”, the expression “Board with the approval of Federal
Minister-in-charge” shall be
substituted;
(2)
in section 7B,
in sub-section (3), in clause (b),
for the words “thirty six”, the word “five” shall be substituted;
(3)
in section 8, in the marginal
note, for the expression
“5, 6 and 7”, the expression
“5, 5AA, 6, 7, 7A and 7B “
shall be substituted;
(4)
in section 12, in sub-section (2), after clause (c), the following explanation shall be added, namely:—
“Explanation.—For removal of doubt,
it is clarified that the allowance
solely expended in the performance of employee’s duty does not include —
(i)
allowance which is paid in monthly
salary on fixed basis or percentage of salary; or
(ii)
allowance which is not wholly, exclusively, necessarily or actually
spent on behalf
of the
employer;”;
(5)
in section 15, sub-sections (6) and (7)
shall be omitted;
(6)
in section 15A,—
(a)
in sub section (1), for the word “company”, wherever occurring,
the word “person” shall be substituted; and
(b)
sub-section (7) shall be omitted;
(7)
in section 18, in sub-section (1), in clause (b), for the semi colon at the end, the full stop shall be substituted and thereafter the following explanation
shall be added, namely:–
“Explanation.—For the removal
of doubt, it is clarified
that income derived by co-operative societies from the sale of goods,
immoveable property
or provision of services
to its members is and
has always been chargeable to tax under the provisions of this Ordinance;”;
(8)
in section 20, in sub-section (1A), after the expression “purposes,”, occurring for the second
time, the words “a deduction shall be allowed
equal to”, shall be inserted;
(9)
section 23A shall be
omitted;
(10)
in section 31, in sub-section (1), for the expression “section 120 of the Companies Ordinance, 1984 (XLVII of 1984)”, the expression “section 66 of the Companies
Act, 2017 (XIX of 2017)” shall be substituted;
(11)
in section 37,—
(a)
in sub-section (1A), the expression “and 3B” shall be omitted;
(b)
in sub-section (3), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”, the expression “Companies Act, 2017 (XIX of 2017)”
shall be substituted; and
(c)
in sub-section (4A), in clause (d), for the full stop at the end, a colon shall be substituted and thereafter the following
proviso shall be added,
namely:—
“Provided that, if the capital asset acquired through gift is disposed of within two years of acquisition and the Commissioner is satisfied
that such gift arrangement is a part of tax avoidance
scheme, then the provisions of sub-section
(3)
of section 79 shall apply for the purpose of determining the cost of
asset in the hands of
recipient of the gift.”;
(12)
in section 37A,—
(a)
in sub-section (3), after the word “
debt securities”, the expression “, unit of
exchange traded fund”, shall be
inserted;
(b)
after sub-section (5), the following new sub-section shall be added,
namely:—
“(6) To
carry out purpose
of this section, the Board may prescribe rules.”;
(13)
in section 39,—
(a)
in sub-section (1), in clause (la), for the expression “ grandparents, parents, spouse, brother, sister, son or a daughter” , the expression “relative as defined in sub-section
(5) of section 85” shall be substituted.”; and
(b)
in sub-section (5), for the expression “5, 6 or 7”, the expression
“5, 5AA, 6, 7 or 7B”, shall be substituted;
(14)
in section 53, in sub-section (2), for the words “Federal
Government may”,
the words “Board with the approval of the Federal Minister-in-charge may, from time to time, pursuant to the approval of the Economic Coordination Committee of the Cabinet”
shall be substituted.
(15)
in section 56, in sub-section (1), after the word “salary”, the words “or income
from property” shall be omitted;
(16)
in section 57,—
(a)
in sub-section (4), the
expression “23A” shall be omitted; and
(b)
in sub-section (5), the
expression “23A” shall be omitted;
(17)
in section 59AA,—
(i)
in sub-section (1) for the expression “Companies Ordinance, 1984 (XLVII of 1984)”, the expression “Companies Act, 2017
(XIX
of 2017)” shall be
substituted;
(ii)
in sub-section (3), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”, the expression “Companies Act, 2017 (XIX of 2017)”
shall be substituted;
(18)
in section 59B,—
(a)
in sub-section (1), for the word “of” occurring for the first time , the word “or” shall be substituted; and
(b)
in sub-section (2), in clause (d), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”,
the expression “Companies Act, 2017 (XIX of 2017)” shall be substituted;
(19)
in section 60A,—
(a)
after the expression “(XXXVI of
1971)”, the expression “or under any law relating
to the Workers’
Welfare Fund enacted by Provinces after the eighteenth Constitutional amendment Act,
2010" shall be
added; and
(b)
for the full stop at the end, a colon shall be substituted and thereafter the following
new proviso shall be added,
namely:—
“Provided that this section shall not apply in
respect of any amount of Workers’
Welfare Fund paid to the Provinces by a trans-provincial establishment.”;
(20)
in section 60B,
(a)
after the expression “(XII
of
1968)”, the expression “or under any law relating to the Workers’
Profit Participation Fund enacted by Provinces
after the eighteenth Constitutional amendment Act,
2010" shall be added; and
(b)
for the full stop at the end, a colon shall be substituted and thereafter
the
following new
proviso shall be added, namely:-
“Provided that this section shall not apply in
respect of any amount of Workers’
Profit Participation Fund paid to the province by a
trans-provincial establishment.”;
(21)
in section 61,—
(a)
in sub-section (1),—
(i)
after the word “donation”, the expression “, voluntary
contribution or subscription”
shall be inserted;
(ii)
in clause (c), for the full stop at the end, the expression “or any person eligible for tax credit under section 100C of this
Ordinance; or” shall be substituted; and
(iii)
after clause (c),
amended as aforesaid, the following
new clause shall be added, namely:—
“(d) entities, organizations and funds mentioned in the Thirteenth Schedule to this Ordinance.”
(22)
in section 62, in sub-section (1), in clause (ia), the word “or” at the end shall be omitted and thereafter the following
new clause shall be
inserted, namely:—
“(ib) in respect of cost of acquiring
in the tax year, unit
of exchange
traded fund offered
to public and traded
on stock exchange in
Pakistan ; or “;
(23)
in section 64B, in sub-section (3), in clause (c), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”, the expression “Companies
Act, 2017 (XIX of
2017)” shall be substituted;
(24)
section 64C shall be
omitted;
(25)
after section
64C, omitted as aforesaid, the following
new section shall be inserted,
namely:—
“64D.
Tax credit for point of sale machine.—(1) Any person who is
required to integrate
with Board’s computerized system for real time reporting
of sale or receipt,
shall be entitled
to tax credit in respect of the amount invested in purchase
of point of sale machine.
(2)
The amount of tax credit allowed under sub-section (1) for a tax year in which point of sale
machine is installed, integrated and configured with the Board’s computerized system
shall be lesser of—
(a)
amount actually
invested in purchase of point of sale machine;
or
(b)
rupees one hundred
and fifty thousand per machine.
(3)
For the purpose of
this section, the term point of sale
machine means a machine
meant for processing and recording
the sale transactions for goods or services,
either in cash or through credit and debit cards or online payments in an internet enabled
environment.”;
(26)
sections 65C and 65D shall be
omitted;
(27)
after section
65E, the following new sections shall be inserted,
namely:—
“65F. Tax credit
for certain persons.—(1) Following
persons or incomes shall be allowed a tax credit equal to one hundred per cent of the tax payable under any provisions of this Ordinance
including minimum, alternate corporate tax and final taxes for the period,
to the extent, upon fulfillment of conditions and subject to limitations detailed as under:—
(a)
persons engaged
in coal mining projects
in Sindh supplying
coal exclusively to power
generation projects;
(b)
a startup as defined in clause (62A) of section 2 for the tax year in which the startup is certified
by the Pakistan Software Export Board and the next following two tax years;
and
(c)
Income from exports
of computer software
or IT services
or IT enabled services as defined
in clause (30AD) and (30AE) of section
2 upto the period ending
on the 30th day of June, 2025:
Provided that eighty percent of the export proceeds is brought
into Pakistan in foreign exchange remitted from outside Pakistan through normal banking channels.
(2)
The tax credit under sub-section (1) shall be available
subject to fulfillment of the following conditions, where applicable, namely:—
(a)
return has been filed ;
(b)
withholding tax statements for the relevant
tax year have been filed in respect
of those provisions of the Ordinance, where the person
is a withholding agent; and
(c)
sales tax returns for the tax periods
corresponding to relevant
tax year have been filed if the person
is required to file Sales Tax Return under any of the Federal or
Provincial sales tax
laws.
65G. Tax credit for specified industrial undertakings.—(1) When making certain eligible capital investments as specified
in sub-section (2), the eligible taxpayers defined in sub- section (3) shall be allowed to take
an investment tax
credit of twenty
five percent of the eligible investment amount, against tax payable
under the provisions of this Ordinance
including
minimum and final taxes.
The tax credit not fully adjusted during the year of investment shall be carried
forward to the subsequent tax year subject to the condition that it may be carried
forward for a period
not exceeding two years.
(2)
For the purposes
of this section, the eligible investment means investment made in purchase
and installation of new machinery, buildings, equipment, hardware and software,
except self-created software
and used capital goods.
(3)
For the purpose of this section,
eligible person means—
(a)
green field industrial undertaking as defined
in clause (27A) of
section 2 engaged in—
(i)
the manufacture of goods or materials or the subjection of goods or materials
to any process which substantially changes their original condition; or
(ii)
ship building:
Provided
that the person incorporated between the 30th day of June, 2019 and the 30th day of June, 2024 and the person is not formed by the splitting up or reconstitution of an undertaking already in existence
or by transfer of machinery, plant or building
from an undertaking established in Pakistan prior to the commencement of new
business and is not part of an expansion
project; and
(b)
an industrial undertaking set up by the 30th day of June 2023 and engaged in the manufacture of plant, machinery, equipment and items with dedicated
use (no multiple uses) for generation of renewable
energy from sources
like solar and wind, for a period of five years beginning from the date such industrial undertaking is set up.”;
(28)
in section 79, in sub-section (2), after the word “acquisition”, the expression “ in respect
of disposal of an asset as mentioned
in clauses (d),
(e) and (f) of
sub-section (1)” shall be substituted;
(29)
in section 80, in sub-section (2), in clause (b), in para (i), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”,
the expression “Companies Act, 2017 (XIX of 2017)” shall be substituted;
(30)
in section 82, clause (ab) shall be omitted;
(31)
in section
99B, for the words “Federal
Government”, the expression “Board with the approval of the Minister-in-charge” shall be substituted;
(32)
in section
99C, for the words “Federal Government”, wherever occurring, the
expression “Board with
the approval of
the Minister- in-charge”
shall be substituted;
(33)
in section 100, in sub-section (3), for the words “Federal Government”, the expression “Board with the approval
of the Minister-in-charge’’ shall be substituted;
(34)
for section 100C, the following shall be substituted, namely:—
“100C. Tax credit for charitable organizations.—(1) The persons mentioned in sub-section (2) shall be allowed
a tax credit
equal to one hundred
percent of tax payable under any of the provisions of this Ordinance
including minimum and final taxes in respect of incomes mentioned in sub-section (3) subject to the conditions and limitations laid down in sub- section
(4).
(2)
The provisions of this section shall apply to the following persons,
namely:—
(a)
persons specified
in Table - II of clause (66) of Part I of the
Second Schedule to this Ordinance;
(b)
a trust administered under a scheme
approved by the Federal Government and established in Pakistan
exclusively for the purposes
of carrying out such activities as are for the welfare
of ex-employees and serving personnel of the Federal
Government or a Provincial Government or armed forces including
civilian employees of armed forces and their dependents where the said trust is administered by a committee
nominated by the Federal Government or a Provincial Government;
(c)
a trust;
(d)
a welfare institution registered with Provincial or Islamabad
Capital Territory (ICT) social welfare department;
(e)
a not for profit
company registered with the Securities and Exchange
Commission of Pakistan
under section 42 of
the Companies Act, 2017;
(f)
a welfare society registered under the provincial or Islamabad
Capital Territory (ICT) laws related
to registration of co-operative
societies;
(g)
a waqf registered under
Mussalman Waqf Validating Act, 1913 (VI of 1913) or any other law for the time being in force or in the instrument relating
to the trust or the institution;
(h)
a university or education
institutions being run by non- profit organization existing solely for educational purposes and not for the purposes
of profit;
(i)
a religious or charitable institution for the benefit of public
registered under any law for the time being in force; and
(j)
international non-governmental organizations (INGOs) approved
by the Federal Government.
(3)
The following income
is eligible
for tax credit, namely:—
(a)
income from donations, voluntary contributions and subscriptions;
(b)
income from house property;
(c)
income from investments in the securities of the Federal
Government;
(d)
profit on debt from scheduled
banks and microfinance banks;
(e)
grant received
from Federal, Provincial, Local
or foreign
Government;
(f)
so much of the income chargeable under the head “income from business” as
is expended in Pakistan for the purposes of carrying
out welfare activities:
Provided
that in the case of income under the head “income from business”, only so
much of such income
shall be eligible
for tax credit under this section that bears the same proportion as the said amount of business income bears to the aggregate of income from all sources; and
(g)
any income of the persons mentioned in clauses (a), (b) and
(h) of sub-section (2) of
this section.
(4)
Eligibility for tax credit
shall be subject to the
following
conditions, namely:—
(a)
return has been filed;
(b)
tax required to be deducted or collected
has been deducted
or collected
and paid;
(c)
withholding tax statements for the relevant
tax year have been
filed;
(d)
the administrative and management expenditure does not exceed
15% of the total receipts:
Provided
that clause (d) shall not apply to a non- profit organization, if—
(i)
charitable and welfare activities of the non-profit organization
have commenced for the first time within
last three years; or
(ii)
total receipts
of the non-profit organization during the tax year are less than one hundred million Rupees;
(e)
approval of Commissioner has been obtained
as per requirement of
clause (36) of section 2:
Provided
that the condition
of approval in respect of persons
mentioned in Table-II of clause (66) of Part I of the Second Schedule to this Ordinance, shall take
effect from the first day of July,
2022 and the requirements of clause (36) of section
2, shall not be applicable for
earlier years;
(f)
none of the assets
of trusts or welfare
institutions confers,
or may
confer, a private benefit to the donors
or family, children or author of the trust or his descendants or the
maker of the institution or to any other person:
Provided
that where such private benefit is conferred, the amount of such benefit
shall be added to the income
of the donor; and
(g)
a statement of voluntary contributions and donations
received in the immediately preceding tax year has been filed in the
prescribed form and manner.
(5)
Notwithstanding anything
contained in sub-section (1), surplus funds of organizations to which this section applies shall be taxed at a rate of
ten percent.
(6)
For the purpose of sub-section (5), surplus funds mean funds or monies—
(a)
not spent on charitable and welfare activities during the tax
year;
(b)
received during the tax year as donations, voluntary contributions, subscriptions and other
incomes;
(c)
which are more than twenty-five percent of the total receipts
of the non-profit organization received during the tax
year; and
(d)
are not part of restricted funds.
Explanation.—For the purpose of this clause, “restricted funds” mean any fund received by the organization but could not be spent and treated as revenue
during the year due to any obligation placed by the donor or funds received in kind.”;
(35)
in section 100D,—
(a)
for the expression “30th day of September, 2022”, wherever occurring
except for
clause (a)
of sub-section
(4), the
expression “30th day
of
September, 2023” shall be substituted;
(b)
in sub-section (1), in clause (b), in the proviso,
after the figure “2019”, the expression “or tax year 2020, as the case may be”
shall be inserted;
(c)
in sub-section (3),—
(i)
for the expression “31st day of December, 2020”, wherever occurring, the expression “30th day of June, 2021” shall be substituted; and
(ii)
in clause (c), after the word “portal”,
the expression “by 30th
day
of June, 2021” shall be added;
(d)
in sub-section (4),—
(i)
in clause (a), for the expression “30th day
of September, 2022”,
wherever occurring, the expression “31st day of March,
2023” shall be substituted;
(ii)
in clause (b),—
(I)
in sub-clauses (i) and (ii), for the expression “31st day of December,
2020”, wherever occurring, the expression “30th day of June, 2021” shall be substituted
respectively; and
(II)
in sub-clause (iii), for the expression “31st day of December,
2020”, the expression “31st day of December, 2021” shall be substituted; and
(e)
in sub-section (9),—
(i)
for the expression “31st day of December, 2020”, wherever occurring, the expression “31st day of December,
2021” shall be substituted; and
(ii)
in clause (d), in sub-clause (iv), after the figure “2019”, the expression “or tax year 2020 at the option of the taxpayer”
shall be added;
(36)
after section
100D, the following new section shall be inserted,
namely.—
“100E. Special provisions relating to small and medium
enterprises.—(1) For tax year 2021 and onwards, the tax payable by a small and medium enterprise as defined
in clause (59A) of section 2
shall be computed and paid
in accordance
with rules made under the Fourteenth Schedule.
(2) The Board may prescribe a simplified return for a small and medium enterprise.”;
(37)
in section 107, in sub-section (1), after the words “avoidance of taxes”, the words “or assistance in the recovery
of taxes” shall be inserted;
(38)
in section 111,—
a.
in sub-section (2), in clause (ii), for the word “and” occurring for the second time,
the word “or” shall be substituted;
b.
for sub-section (4), the following
shall be substituted, namely:—
“(4) Sub-section (1) does not apply to any amount of foreign
exchange remitted from outside Pakistan through normal banking channels
not exceeding five million
Rupees in a tax year that is en-cashed into rupees by a scheduled bank and a certificate from such bank is produced to that effect.”;
c.
in sub-section (5), the following
new explanation shall be added, namely:—
“Explanation.—For the removal of doubt,
a separate notice
under this section
is not required to be issued if the explanation regarding nature and sources
of amount credited or the investment of money,
valuable article, or the funds from which expenditure was made has been confronted to the taxpayer through
a notice under sub-section (9) of section 122 of
this Ordinance.”.
(39)
in section 113,—
(a)
in sub-section (1), for the word “ten” wherever occurring, the word “hundred”
shall be substituted;
(b)
in sub-section (2),—
(i)
in clause (a), for the semi colon at the end a full stop shall be substituted and thereafter the following explanation shall be added, namely:—
“Explanation.—For the removal of doubt, it is clarified that the definition of turnover covers receipts from all business activities
in line with
expression “ turnover from all sources”
used in sub-section (1) including
but not limited
to receipts from sale of immoveable
property where such receipt is taxable
under the head Income from Business;”;
(ii)
in clause (c), for the
proviso, the following shall be substituted, namely:—
“Provided that if
tax is paid under sub-section
(1) due to the fact that no tax
is payable or paid for the year, the entire amount of tax paid under sub-section (1) shall be carried forward for adjustment in the manner stated aforesaid:
Provided
further that the amount under this clause shall be carried forward and adjusted
against tax liability for five tax years immediately succeeding the tax
year for which the
amount was paid.”;
(40)
in section 114,—
(a)
in sub-section (1),—
(i)
clause (ad) shall be
omitted; and
(ii)
after clause (b), the following new clause shall be inserted, namely:—
“(c) persons or classes of persons notified by the Board with the approval
of the Minister in-charge.”;
(b)
in sub-section (5),
in the proviso, for
the full stop at the end, a colon shall be substituted and thereafter the following new proviso shall be added, namely:—
“Provided further that the time-limitation provided under this sub-section shall not apply if the Commissioner is satisfied on the basis of reasons to be recorded in writing that
a
person who failed to furnish his return has foreign income or
owns foreign assets.”;
and
(c)
in sub-section (6), in clause (a), for the semi colon, a colon shall be substituted and thereafter the following
new proviso shall be added,
namely:—
“Provided that Commissioner may waive this condition if the Commissioner is satisfied
that filing of revised accounts or
audited accounts is not necessary;”;
(41)
for section 114A, the following shall be substituted, namely:—
“114A. Business bank account.—(1) Every taxpayer
shall declare to the Commissioner the bank account utilized by the taxpayer
for business transactions.
(2) Business bank account
shall be declared
through original or modified registration form prescribed
under section 181.”;
(42)
in section 120,—
(a)
in sub-section (1),—
(i)
in clause (a), the expression “, equal to the respective
amounts adjusted under sub-section (2A)” shall be
omitted;
(ii)
in clause (b),—
(I)
for the expression “adjustments were made under sub-section (2A)”, the expression “return was furnished”
shall be substituted; and
(II)
for the full stop at the end a colon shall be substituted and thereafter the following new provisos
shall be added, namely:—
“Provided that until the date specified under the fourth proviso to sub-section (2A) is notified, this subsection shall be in force as if sub-section (2A) is not in
operation:
Provided
further that once the date under the fourth
proviso to sub-section
(2A) is notified,
clauses (a) and (b) shall only apply when the provisions of sub-section (2A), if invoked, are first complied
with:
Provided further
once compliance
is
made under the second proviso,—
(i)
the adjusted amount under sub-section (2A) shall be construed
to be the tax payable and due under clause (a);and
(ii)
the date of the compliance under sub-section (2A) shall be the date for the purposes of clause (b).”;
(b)
in sub-section (2A), in clause (iv), in the
third proviso, for the full stop at the end, a colon shall be substituted and thereafter the following
new proviso shall be added, namely:—
“Provided also that the provisions of this sub-section shall apply from the date notified by the Federal
Board of Revenue in the official Gazette.”;
(43)
in section 122,—
(a)
in sub-section (5A), the expression “ after making, or causing to be made, such inquiries as he deems necessary,” shall be
omitted; and
(b)
in sub-section (9), for the full stop at the end, a colon shall be substituted and thereafter the following new provisos
shall be added, namely:—
“Provided that order under this section shall be
made within one hundred
and twenty days of issuance of show cause notice or within such extended
period as the Commissioner may, for reasons
to be recorded
in writing, so however, such extended period shall in no case exceed ninety
days. This proviso shall be applicable to a show cause notice issued
on or after the first day of July, 2021.
Provided
further that any period
during which the proceedings are adjourned
on account of a stay order or Alternative Dispute Resolution proceedings or agreed
assessment proceedings under section 122D or the time taken
through adjournment by the taxpayer not exceeding sixty days shall be excluded
from the computation of the period specified in the first proviso.”;
(44)
in section 122A,
after sub-section
(4), the following
new
sub- section shall be added,
namely:—
“(5) If any order is remanded
back to any lower authority by the Commissioner for modification , alteration, implementation of directions or de novo proceedings, the order giving effect
to the directions of the Commissioner shall be issued within
one hundred
and twenty days.”;
(45)
in section 127,—
(a)
for sub-section (2), the following new sub-section shall be substituted, namely:—
“(2) No appeal
under sub-section (1), shall be made by a taxpayer against an order of assessment unless the taxpayer has paid the amount of tax due under sub section (1) of section 137.”; and
(b)
after sub-section (3), the following new sub-section shall be inserted, namely:—
“(3A) The Board
may prescribe
mechanism for electronic filing of the appeals.”;
(46)
in section 130, in sub-section
(4),—
(a)
in clause
(a), for the words “Regional
Commissioner”, the words “Chief Commissioner Inland Revenue”, shall be substituted; and
(b)
in clause (b), the
words “ or Collector”, shall be omitted;
(47)
in section 134A,—
(a)
in sub-section (1), in clause (c),—
(i)
the expression “where criminal proceedings have been initiated or” shall be omitted;
(ii)
for the full stop at the end, a colon shall be substituted and thereafter the following new proviso
shall be added,
namely:—
“Provided that if the issue involves a mixed question
of fact and law, the Board, while taking into consideration all relevant facts and circumstances, shall decide
whether or not ADRC
may be constituted.”
(b)
after sub-section (1), amended as aforesaid, the following new sub-section
shall be inserted, namely:—
“(1A) The application for dispute resolution shall be accompanied by an initial proposition for resolution of the dispute, from which, the taxpayer
would not be entitled to retract.”;
(c)
in sub-section (2), for the words “sixty”, the figure “thirty” shall be substituted;
(d)
in sub-section (4), for the expression,
“ one hundred and twenty days of its appointment”, the words “sixty days of its appointment extendable by
another thirty days for the reasons to
be recorded
in writing”
shall be substituted;
(e)
for sub-section (5), the following shall be substituted, namely:—
“(5) The recovery of tax shall be stayed on the constitution of committee
till the final decision
or dissolution of the committee, whichever is earlier”;
(f)
after sub-section (6), the following new sub-section shall be inserted, namely:—
“(6A) If the committee fails to decide within the period mentioned in sub section
(4), the Board shall dissolve
the committee by an order in writing and may re- constitute another committee and the provisions of sub- sections (2), (3), (4), (5) and (6) shall apply mutatis mutandis
to the
second committee”; and
(g)
in sub-section (7), for the words “the Committee fails to decide within the period of one hundred and twenty days”, the words “the Second Committee
fails to decide within time limit prescribed” shall be substituted;
(48)
in section 139, in sub-section (1), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”,
the expression “Companies Act, 2017 (XIX of 2017)” shall be substituted;
(49)
after section
146B, the following
new section shall be inserted, namely:—
“146C. Assistance in
the recovery and collection of taxes.—The provisions of sections 138, 138A, 138B, 139, 140, 141, 142,
143, 144, 145, 146, 146A, and 146B shall mutatis mutandis apply in respect of assistance in collection and recovery
of taxes in pursuance of a request from a foreign jurisdiction under a tax treaty,
a multilateral convention, an inter- governmental agreement or similar
arrangement or mechanism.”;
(50)
in section 147, in sub-section (6), in the first proviso,
for the colon at the end, a full stop shall be substituted and thereafter the second proviso shall be omitted;
(51)
in section
150, after the word “paid”, the words “ or collect tax from the
amount of dividend in specie” shall be inserted;
(52)
section 150A shall be
omitted;
(53)
in section 151, after sub-section (1), following new sub-section shall be inserted,
namely:—
“(1A) Every special
purpose vehicle or a company, at the time of making payment of a return on investment in sukuks to a sukuk holder shall deduct tax from the gross amount of return
on investment at the rate specified in Division
IB of Part III of
the First Schedule.”;
(54)
in section 152,—
(a)
for the sub-sections (1B), (1BB) and (1BBB),
following shall be substituted, namely:—
“(1B) The tax deductible under sub-sections (1A), (1AA) and (1AAA) shall be a minimum tax on the income of the non-resident persons in respect
of payments mentioned
therein.
(1BA) Every person
responsible for making payment directly or through
an agent or intermediary to a non-resident person for foreign produced commercial for advertisement on any television channel or any other media, shall deduct
tax at the rate of twenty percent from the gross amount paid. The tax deductible under this sub-section shall be final tax on the income of non- resident person arising out of
such payment.;
(b)
after sub-section (1D), the following new sub-sections shall be inserted, namely:—
“(1DA) Every banking company
maintaining a Foreign Currency Value Account (FCVA) or a non-resident Pakistani Rupee Value Account (NRVA) of a non- resident
individual holding Pakistan Origin Card (POC) or National ID Card for Overseas
Pakistanis (NICOP) or Computerized
National ID Card (CNIC)
shall deduct tax from capital
gain arising on the disposal of debt instruments and government securities and certificates (including Shariah compliant variant) invested through aforesaid accounts at the rate specified in Division II of Part III of the First Schedule.”,
and
“(1DB) Every special purpose
vehicle or a company,
at the time of making payment of a return on investment in sukuks to a non-resident sukuk holder shall deduct tax from the gross amount of return on investment at the rate specified
in Division IB of Part III of the First Schedule.”; and
(c)
for sub-section (1E), the following
shall be substituted, namely:—
“(1E) The tax deductible under sub-sections (1D), (1DA) and (1DB) shall be a final tax in respect
of persons and income mentioned therein.”;
(55)
section 152A shall be
omitted;
(56)
in section 153,—
(a)
in sub-section (4),—
(i)
in the first proviso, for
the
words, “public company
listed on registered stock
exchange in Pakistan”, the word “company”
shall be substituted; and
(ii)
in the second proviso,
the words, “public
listed” shall be omitted; and
(b)
in sub-section (5), clause
(b) shall be omitted;
(57)
section 153B shall be
omitted;
(58)
after section
154, the
following new section shall
be
inserted,
namely:–
“154A. Export of Services.—(1) Every authorized dealer in foreign
exchange shall, at the time of realization of foreign exchange
proceeds on account
of the following, deduct tax from the proceeds at the rates specified in Division
IVA of Part III of the First Schedule –
(a)
exports of computer software or IT services
or IT enabled
services in case tax credit under section 65F is not available;
(b)
services or technical services rendered outside Pakistan or
exported from Pakistan;
(c)
royalty, commission or fees derived
by a resident company from a foreign enterprise in consideration for the use outside Pakistan of any patent,
invention, model, design, secret process or formula or similar
property right, or information concerning industrial, commercial or scientific knowledge, experience or skill made
available or provided to such enterprise;
(d)
construction contracts
executed outside Pakistan;
and
(e)
other services
rendered outside Pakistan as notified
by the Board from time
to time;
(2)
The tax deductible under this section shall be a final tax on the income arising
from the transactions referred to in this section, upon fulfilment of the following conditions –
(a)
return has been filed;
(b)
withholding tax statements for the relevant tax year have
been filed; and
(c)
sales tax returns
under Federal or Provincial laws have been filed, if required
under the law;
(d)
no credit for foreign
taxes paid shall be allowed.
(3)
The provisions of sub-section (2) shall not apply to a person
who does not fulfill
the specified conditions or who opts not to be subject
to final taxation:
Provided
that the option shall be exercised
every year at the time
of filing of return
under section 114.
(4)
Where a taxpayer, while explaining the nature and source of any amount, investment, money, valuable article, expenditure, referred to in section 111, takes into account any source
of income which is subject
to final tax in accordance with the provisions of this section, he shall not be entitled
to take credit of a sum that can be reasonably attributed to the business activity or activities mentioned in sub-section (1).
(5)
The Board in consultation with State Bank of Pakistan
shall prescribe mode,
manner and procedure of payment of tax under this section.
(6)
The Board shall have power to include
or exclude certain
services for applicability of provisions
of this section.”;
(59)
in section 155,—
(a)
in the marginal note for the words “ income from”, the words “Rent
of immoveable” shall be substituted;
and
(b)
in sub-section (1), after the explanation, the following explanation shall be added, namely:—
“Explanation.—For removal
of doubt, it is clarified that the sub section
(1) shall apply when a payment is made on account of rent of immoveable property irrespective of head of
income”;
(60)
in section 159, in sub-section
(1),—
(a)
in clause (c), for the expression “section 100C”, the words “under
this Ordinance” shall be substituted;
and
(b)
for the full stop at the end, a colon shall be substituted and thereafter the following
new provisos shall be added, namely:—
“Provided that in
case of a company, the Commissioner shall issue exemption or lower rate certificate under this section
within fifteen days of filing of application by the company:
Provided
further that the Commissioner shall be deemed
to have issued the exemption
certificate upon the expiry of fifteen
days from filing
of application by the aforesaid
company and the certificate shall be automatically processed and issued
by Iris:
Provided
also that the Commissioner may modify or cancel the certificate issued automatically by Iris on the basis of reasons to be recorded
in writing after providing
an opportunity of being heard.”;
(61)
in section 165,
after sub-section
(6), the following
new
sub- sections
shall be added, namely:—
“(7) Every prescribed person collecting tax under Division
II of this Part, Chapter XII or the Tenth Schedule
or deducting tax from a payment under Division III
of this Part, Chapter XII or the Tenth Schedule shall, e-file to the Commissioner an annual statement for the relevant tax year within thirty days of the end of tax year in addition
to statement to be filed under sub-section
(6) of this section.
(8) Every prescribed person collecting tax under Division
II of this Part or Chapter XII, the Tenth Schedule
or deducting tax from a payment under Division III
of this Part, Chapter XII or the Tenth Schedule shall also e-file to the Commissioner a statement
in the prescribed form reconciling the amounts
mentioned in annual statement
filed under sub-section (7) with the amounts declared in the return, audited
accounts or financial statements by the due date of filing of return
of income as provided under
section 118 of the Ordinance.”;
(62)
in section 168, in sub-section (3), after clause (e), the following
new clause shall be
inserted, namely:—
“(ea) sub-section (2) of section 154A;”;
(63)
in section 169, in sub-section (1), in clause (b), after the expression “section 154,” the expression “sub-section (2) of section 154A,” shall be inserted;
(64)
after section
170, the following new section
shall be inserted, namely:—
“170A. Electronic processing and electronic issuance of Refunds by
the Board.—Notwithstanding anything contained in section
170 of this Ordinance, commencing from tax year 2021, the Board may process and issue refund to the taxpayer who has filed the return of income without
requiring refund application by the taxpayer to the extent of tax credit verified
by the Board’s computerized system as may be prescribed. The refund amount sanctioned under this section shall be electronically transferred in
the taxpayer’s notified
bank account.”;
(65)
in section 182,—
(a)
in sub-section (1), in the Table, in column
(1),—
(i)
against S. No. 1, in column (3), in the proviso and before the explanation, for the full stop at the end, a colon shall be substituted and thereafter the following
new provisos shall be added,
namely:—
“Provided further that if taxable income is
up-to eight hundred
thousand Rupees, the minimum
amount of penalty shall be five thousand Rupees:
Provided
also that the amount
of penalty shall be reduced by 75%, 50% and 25% if the return
is filed within one, two and three months respectively after the due date or extended due date
of
filing of return as prescribed
under the law.”;
(ii)
against S. No. 1A, in column (3), for the full stop at the end, a colon shall be substituted and thereafter the following proviso
shall be added, namely:—
“Provided that where it
stands established that no tax was required to be deducted or collected during the relevant
period, minimum amount of penalty shall be ten thousand Rupees.”;
(iii)
S. No. 4A and entries relating thereto in column (2), (3) and
(4) shall be omitted;
(iv)
against S. No.
4B, in column
(3),
for
the figure
“ 10,000”,
the figure “100,000” shall be
substituted;
(v)
against S. No.
6,—
(i)
in column (2),—
(I)
after the word “tax”, occurring for the first time, the expression “paid is” shall be inserted;
and
(II)
the expression
“is
paid” shall be omitted; and
(ii)
in column (3), for the full stop at the end, a colon shall be substituted and thereafter the following
proviso shall be added,
namely:—
“Provided that no penalty shall be imposed to the extent of the tax shortfall occurring as a result
of the taxpayer taking a reasonably arguable position on the application of this Ordinance
to the taxpayer’s position.”;
(vi)
against S. No.
10,—
(i)
in column (3), for the figure “100%”, the figure “50%” shall be substituted; and
(ii)
in column
(4), for the expression “and general”,
the figure “118” shall be
substituted;
(vii)
against S.
No. 11, in column (3), for the words “one hundred” the word
“fifty” shall be substituted;
(viii)
against S. No. 15, for the entries
in column (4), the expression
“Division II or Division III of Part V of Chapter X or Chapter XII” shall be substituted;
(ix)
against S. No.
16,—
(i)
in column (2), after the letters “NTN”, the expression “or business licence” shall be inserted;
and
(ii)
in column (4), after the figure
“181C”, the expression “and 181D” shall be
added;
(x)
S. No. 19 and entries
relating thereto
shall be omitted;
(xi)
S. No. 20 and entries
relating thereto
shall be omitted;
(xii)
after S. No. 28, the following
new S .No. and entries
relating thereto in columns
(2), (3), and (4) shall be added, namely:–
|
“29 |
Where any person fails to
declare business bank account(s), in his registration application or fails to amend his registration profile to declare
existing business bank account(s) willfully. |
Such person shall pay
a penalty of Rs. 10,000 for each day of default
since the date of submission of application for registration or date of opening of undeclared business bank account whichever
is later: Provided that if penalty worked out as aforesaid is less than Rs.100,000 for
each undeclared bank account, such
person shall pay a penalty
of Rs.100,000 for each undeclared business bank account: Provided further that this provision shall be applicable from the first day of October, 2021 during
which period the taxpayer may update their
registration forms. |
181”; |
(b)
in sub-section (2), after the
proviso, the following explanation shall be added, namely:—
“Explanation.—For the removal
of doubt, it is clarified
that establishing mens rea is not necessary for levying of penalty under this
section.”;
(66)
in section 182A, sub-section (2) shall be omitted;
(67)
in section 191, in sub-section
(1),—
(i)
in clause (e), the
word “ or” at the end
shall be omitted;
(ii)
in clause (f), for the comma, at the end, a semi colon and the word “or” shall be
inserted and thereafter the following
new clause shall be added, namely:—
“(g) declare business bank
account(s) in the registration form or updated
registration form or return of income or wealth
statement,”;
(68)
in section 203, in sub-section (2), for full stop at the end a colon shall be substituted and thereafter the following proviso shall be added,
namely:—
“Provided that where the offence of concealment of
income which has resulted in non-payment of tax of rupees one hundred
and above in case of a filer and rupees twenty
five million or above in case of non-filer, the procedure
provided in section
203B shall be applicable.”;
(69)
after section 203A, the following
sections shall be added, namely:—
“203B. Power to arrest and prosecute.—(1) Where on the basis of material
evidence brought on record,
as a result of audit conducted by the auditors in terms of sub-section (8) of section
177 read with section 214C of this Ordinance, an assessment is made or amended under section 121 or 122 of this Ordinance, as the case may be, and the assessing
officer records a finding that the taxpayer has committed
the offence of concealment of income which has resulted in non-payment of tax of Rupees one hundred million and above in case of a filer and rupees twenty five million or above in case of non- filer, the taxpayer may be
arrested after obtaining
written approval of the
committee specified under sub-section (2).
(2)
The committee under sub-section (1) shall comprise
the Minister for
Finance and Revenue, the Chairman of the Board and the
senior most member of the Board.
(3)
All arrests
made under this Ordinance
shall be carried out in accordance with the relevant
provisions of the Code of Criminal
Procedure, 1898 (Act V of
1898).
(4)
Notwithstanding anything
contained in sub-sections (1) and
(2)
or any other provision
of this Ordinance, where any person
has committed offence of concealment of income or any offence
warranting prosecution under this Ordinance, the Chief Commissioner with the prior approval
of the Board may, either before or after the institution of any proceedings for recovery of tax,
compound the offence if such person
pays the amount of tax due along with such default
surcharge and penalty
as is determined under the provisions of this Ordinance.
(5)
Where the person suspected of offence of concealment of income or any offence warranting prosecution under this Ordinance is a company,
every director or officer of that company
whom the authorised officer has reason
to believe is personally responsible for actions
of the company contributing to offence
of concealment of income or any offence warranting prosecution under this Ordinance shall be liable to arrest:
Provided
that any arrest under this sub-section shall not absolve the company from the liabilities of payment of tax, default
surcharge and penalty imposed under this Ordinance.”;
203C. Procedure to be followed
on arrest of a person.—(1) When an officer of Inland Revenue
authorized under sub-section (1) of section 203B in this behalf arrests
a person under section
203B, he shall immediately intimate the fact of the arrest of that person to the Special
Judge who may direct such officer
to produce that person at such time and place and on such date as the Special
Judge considers expedient and such Officer shall act accordingly.
(2)
Notwithstanding anything
contained in the sub-section (1), any person arrested under this Ordinance shall be produced before the Special
Judge or, if there is no Special
Judge within a reasonable distance, to the nearest
Judicial Magistrate,
within twenty-four hours of such arrest,
excluding the time necessary
for the journey from the place of arrest to the Court of the Special Judge or, as the case may be, of such Magistrate.
(3)
When any person is produced under sub-section (2) before the Special
Judge, he may, on the request
of such person,
after perusing the record, if any and after giving
the prosecution an opportunity of being heard, admit him to bail on his executing a bond, with or without sureties, or refuse to admit him to bail and direct his detention at such place as he deems fit:
Provided
that nothing herein contained shall preclude the Special
Judge from cancelling the bail of any such person at a subsequent stage if, for any reason,
he considers such cancellation necessary, but before passing such order he shall afford such person an opportunity of being heard,
unless for reasons to be recorded he considers
that the affording
of such opportunity shall defeat the purposes of
this Ordinance.
(4)
When such person is produced
under sub-section (2) before a Judicial
Magistrate, such Magistrate may, after
authorising his detention
in such custody at such place and for
such period as he considers
necessary or proper for facilitating his earliest
production before the Special
Judge, direct his production before the Special Judge on a date and time to be fixed by him or direct such person to be forthwith
taken to, and produced before, the Special
Judge and he shall be so taken.
(5)
Nothing in sub-section (3) or sub-section (4) shall preclude the Special
Judge or the Judicial
Magistrate from remanding
any such person to the custody of an officer of Inland Revenue holding inquiry against that person if such officer makes a request
in writing to that effect, and the Special Judge or the Judicial
Magistrate, after perusing the record, if any, and hearing such person,
is of the opinion that for the completion of inquiry or investigation it is necessary
to make such order:
Provided
that the period
of such custody shall not exceed more
than fourteen days.
(6)
When any person is arrested
under this Ordinance, an officer
of Inland Revenue
shall record the fact of arrest and other relevant
particulars in the register specified in
sub-section
(10) and shall immediately proceed to inquire
into the charge against such person and if he completes the inquiry
within twenty four hours of his arrest, excluding
the time necessary
for journey as aforesaid, he may, after producing such person
before the Special
Judge or the nearest Judicial Magistrate, make
a request for his further
detention in his
custody.
(7)
While holding
an inquiry under sub-section (6), an officer
of Inland Revenue shall
exercise the same powers as are exercisable by an officer in charge of a police station under the Code of Criminal Procedure, 1898 (Act V of 1898), but such officer shall exercise such powers subject to the foregoing provisions of this section while holding an inquiry
under this Ordinance.
(8)
If an officer of Inland
Revenue, after holding an inquiry
as aforesaid, is of the opinion that there is no sufficient evidence or reasonable ground for suspicion against such person, he shall release him on his executing a bond, with or without
sureties, and shall direct such person to appear, as and when required,
before the Special
Judge, and make a report to the Special
Judge for the discharge of such person
and shall make a
full report of the
case to his immediate superior.
(9)
The Special Judge to whom a report
has been made under sub-section, (8) may, after the perusal
of record of the inquiry, and hearing
the prosecution, agree with such report and discharge
the accused or, if he is of the opinion that there is sufficient ground for proceedings against such person,
proceed with his trial and direct
the prosecution to produce evidence.
(10)
An officer of
Inland Revenue empowered to hold inquiry under this section
shall maintain a register
to be called
“Register of Arrests and Detentions” in the prescribed form in which he shall enter the name and other particulars of every person arrested under this Ordinance, together with the time and date of arrest, the details of the information received, the details
of things, goods or documents, recovered from his custody,
the name of the witnesses
and the explanation, if any, given by him and the manner in which the inquiry has been conducted from day to day and, such register
or authenticated copies of its aforesaid entries shall be produced
before the Special Judge, whenever such Officer is so directed
by him.
(11)
After completing the inquiry,
an officer of Inland Revenue shall, as early as possible, submit to Special
Judge a complaint
in the same form and manner in which the officer
in-charge of a police
station submits a report, before a court.
(12)
Magistrate of the first class may record
any statement or confession during inquiry under this Ordinance,
in accordance with the provisions of section 164 of the Code of Criminal Procedure,
1898 (Act V of 1898).
(13)
Without prejudice
to the foregoing
provisions of this section,
Board, with the approval
of the Federal
Minister-in-charge, may, by notification in the official
Gazette, authorize any other officer working
under the Board to exercise
the powers and perform
the functions of an officer
of Inland Revenue
under this section,
subject to such conditions, if any, that it may deem fit to impose.
203D. Special Judges.—(1) The Federal
Government shall by notification in the official
Gazette, appoint as many Special
Judges as it considers
necessary and, where it appoints
more than one Special Judge, it shall specify in the notification the headquarter of each Special
Judge and the territorial limits within which he shall exercise
jurisdiction under this Ordinance.
(2)
No person shall be appointed as a Special
Judge unless he is or
has been a Sessions Judge.
203E. Cognizance of offences by
Special Judges.—(1) Notwithstanding anything contained in this Ordinance
or any other law for the time being in force, a Special
Judge may, within the limits
of his jurisdiction, take cognizance of any offence
punishable under this Ordinance upon—
(a)
a report in writing
made by an officer of Inland Revenue or by any other officer especially authorized in this behalf by
the Federal Government; or
(b)
receiving a complaint or information of facts constituting such offence made or communicated by any person;
or
(c)
his own knowledge acquired during any proceeding before him under this Ordinance
or under any other law for the time being in force.
(2)
Upon the receipt of report under clause (a) of sub-section (1), the Special Judge
shall proceed with the trial of the accused.
(3)
Upon the receipt
of a complaint
or information under clause
(b), or acquired
in the manner referred to in clause (c) of sub- section (1), the Special Judge may, before issuing a summon
or warrant for appearance of the person complained against, hold a preliminary inquiry for the purpose of ascertaining the truth or falsehood of the complaint, or direct any magistrate or any officer of Inland Revenue
or any police officer to hold such
inquiry and submit a report,
and such Magistrate
or
officer shall conduct such inquiry and make report
accordingly.
(4)
If, after conducting such inquiry
or after considering the report of such Magistrate or officer,
the Special Judge is of the opinion that there is—
(a)
no sufficient ground for proceeding, he may dismiss the complaint, or
(b)
sufficient ground for proceeding, he may proceed
against the person complained against in accordance with law.
(5)
A special Judge or a Magistrate or an officer holding inquiry
under sub-section (3) may hold such inquiry, as early as possible, in accordance with the provision
of section 202 of the
Code of Criminal Procedure, 1898 (Act V of 1898).
203F. Special Judge, etc. to have exclusive jurisdiction.— Notwithstanding anything contained in this Ordinance or in any other law for the time being in force
no,–
(a)
court other than the Special
Judge having jurisdiction, shall try an offence
punishable under this Ordinance;
(b)
other court or officer,
except in the manner and to the extent specifically provided for in this Ordinance, shall exercise any power, or perform
any function under this Ordinance;
(c)
court, other than the High Court, shall entertain, hear or decide any
application, petition or appeal under chapters XXXI and XXXII of the Code of Criminal
Procedure, 1898 (Act V of 1898), against or in respect of any order or
direction made under this Ordinance; and
(d)
no court, other than the
Special Judge or the
High Court, shall entertain
any application or petition
or pass any order or give any direction under chapters XXXVII, XXXIX, XLIV or XLV of the aforesaid
Code.
203G. Provisions of Code of Criminal Procedure, 1898, to
apply.—(1) The provision of the Code of Criminal
procedure, 1898 (Act V of 1898), so far as they are
not inconsistent with the provisions of this Ordinance, shall apply to the proceedings of the court of a Special
Judge and such court shall be deemed to be a court of Sessions for the purpose of the said Code and the provisions of Chapter XXIIA of the foresaid Code, so far as applicable and with the necessary
modifications, shall apply to the trial of cases by the
Special Judge under this
Ordinance.
(2) For the purposes of sub-section (1), the Code of Criminal
Procedure, 1898 (Act V of 1898), shall have effect as if an offence punishable under this Ordinance
were one of the offences
referred to in sub-section (1) of section
337 of the said Code.
203H. Transfer of cases.—(1) Where more than one Special
Judge are appointed
within the territorial jurisdiction of a High Court, the High Court, and where not more than one Special
Judge is so appointed, the Federal Government, may by order in writing direct the transfer,
at any stage of the trial, of any case from the court of one Special
Judge to the Court of another
Special Judge for disposal, whenever it appears
to the High Court or, as the case may be, the Federal Government, that such transfer
may promote the ends of justice
or tend to the general convenience of the
parties or witnesses.
(2) In respect of a case transferred to a Special Judge under sub- section (1), such Special
Judge shall not by reason of the said transfer, be bound to recall and rehear any witness whose
evidence has been
recorded in the case before
the transfer and may act upon the evidence already recorded or produced
before the court which
tried the case before the transfer.
203I. Place of sittings.—A Special Judge shall ordinarily hold sittings
at his headquarters but, keeping
in view the general
convenience of
the parties or the witnesses, he may
hold sittings
at any other
place.”;
(70)
in section
204, for the words “Federal Government” wherever occurring,
the expression “Board with
the approval of the Minister-in-charge” shall be
substituted;
(71)
in section
212, for the words “Regional Commissioner”, the words “Chief Commissioner
Inland Revenue”, shall be substituted;
(72)
in section 216, in sub-section (3), in clause (k), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”, the expression “Companies
Act, 2017 (XIX of
2017)” shall be substituted;
(73)
section 222A shall be renumbered as sub-section (1) of that section and thereafter the following
new sub-section shall be added,
namely:—
“(2) The Board may authorize
and prescribe the manner in which fee and service charges collected including by ventures
of public-private partnership under this
section are expended.”;
(74)
in section
225, for the expression “section 316 of
the Companies Ordinance, 1984 (XLVII of 1984)”, the expression “section 310 of the
Companies Act, 2017 (XIX of
2017)” shall be
substituted;
(75)
after section
227B, the following
new section shall be inserted, namely:—
“227BA. Reward and benefits for certain
persons.—(1) The Board may sanction rewards to e-intermediaries for filing of returns
of new taxpayers.
(2)
The Board with the approval
of Federal Minister
in-charge may announce
benefits, rebates, tax credits,
allowances and any
other incentive in cash
or otherwise
for class or classes of persons.
(3)
The Board with the approval
of the Federal Minister in-charge may, by notification in the official Gazette, prescribe the procedure in this behalf and also notify
the class or classes of persons
eligible under this section.
The
provisions of this section
shall take effect from the date notified by the Board.”;
(76)
after section
227D, the following new section
shall be added,
namely:—
“227E. E-hearing.—(1) The Board may design
and
prescribe
e-hearing module for the purpose
of conducting hearings,
granting opportunity of being heard and electronically receiving any information for the purpose of this Ordinance.
(2)
The recording of e-hearing proceedings shall be admissible as evidence before any forum or court of law for the purpose of this
Ordinance.
(3)
The Board may
make rules for the purpose of
this section.”;
(77)
after section 230H, the following new sub-section shall be inserted, namely:—
(1) The Directorate General
of Compliance Risk Management shall consist of a Director General and as many Directors, Additional Directors, Deputy Directors, Assistant Directors and such other officers as the Board may, by notification in the official Gazette,
appoint.
(2)
The Board may, by notification in the
official Gazette—
(a)
specify the functions, jurisdiction and powers of the Directorate General of Compliance Risk Management and its
officers; and
(b)
confer the powers of authorities specified in section 207 upon the Directorate General
and its officers.”;
(78)
sections 231A, 231AA shall be omitted;
(79)
in section 231B, after sub-section (2), the following new sub- section
shall be inserted, namely:—
“(2A) Every motor vehicle
registration authority of Excise and Taxation
Department shall, at the time of registration, collect tax at the rates specified in Division VII of Part IV of the First Schedule, if the locally manufactured motor vehicle has been sold prior to registration by the person who originally purchased it from the
local manufacturer.” ;
(80)
in section 233, in sub-section (1), for the expression “ association of persons
constituted by, or under any law”, the expression “association of person or individual having turnover
of hundred million rupees or
more” shall be substituted;
(81)
sections 233A and 233AA shall be omitted;
(82)
section 234A shall be
omitted;
(83)
in section 235,
(a)
in sub-section (1),
(i)
after the word “ industrial” the words “ or domestic”
shall be inserted;
(ii)
for the full stop at the end, a colon shall be substituted and thereafter the following new proviso
shall be added,
namely:—
“Provided that the provisions
of sub-section (1) shall not apply to a domestic consumer of electricity if his name appears on the Active Taxpayers’ List.”; and
(b)
in sub-section (3) for the words “for the tax year”, the expression “under section 147 or whose entire income is subject to final tax regime or minimum tax regime under any provisions of this Ordinance other than this section” shall be substituted;
(84)
section 235A shall be
omitted;
(85)
in section 236, in sub-section (1), after the words “specified in”, the words
“Division V” shall be
inserted;
(86)
section 236B shall be
omitted;
(87)
in section 236C, in sub-section
(1),—
(a)
in the explanation, after the words “co-operative society”, the expression
“, public and private real estate
projects registered/ governed
under any law, joint ventures,
private commercial concerns”
shall be inserted;
(b)
in the proviso,
for the full stop at the end, a colon shall be substituted and thereafter the following new proviso
shall be added, namely:—
“Provided further that if the seller or
transferor is a non- resident individual holding Pakistan Origin Card (POC) or
National ID Card for Overseas Pakistanis (NICOP) or Computerized National ID Card (CNIC) who had acquired the said immovable
property through a Foreign
Currency Value Account (FCVA) or NRP Rupee Value Account
(NRVA) maintained with authorized banks in Pakistan
under the foreign exchange regulations issued by the State Bank of Pakistan,
the tax collected
under this section from such persons shall be final discharge
of tax liability in lieu
of capital gains taxable under section 37 earned by the seller or transferor
from the property so disposed
of.”;
(88)
in section 236G, in sub-section (1), after the word “of” occurring
for the first time,
the expression “pharmaceuticals, poultry and animal feed, edible oil and ghee,
auto-parts, tyres, varnishes, chemicals,
cosmetics, IT equipment,” shall be inserted;
(89)
in section 236H, in sub-section (1), after the word “of” occurring
for the first time,
the expression “pharmaceuticals, poultry and animal feed, edible oil and ghee, auto-parts, tyres, varnishes, chemicals,
cosmetics, IT equipment,” shall be inserted;
(90)
section 236HA shall be omitted;
(91)
in section 236K,—
(a)
in sub-section (1), in the explanation, after the expression “co-operative society”, the expression “,
public and private
real estate projects registered/governed under any law, joint ventures, private
commercial concerns” shall be inserted;
(b)
in sub-section (2), for the full stop at the end, a colon shall be substituted and thereafter the following new proviso
shall be added, namely:—
“Provided that if the buyer or
transferee is a non- resident individual holding a Pakistan
Origin Card (POC) or National ID Card for Overseas Pakistanis (NICOP) or Computerized National ID Card (CNIC) who has acquired
the said immovable
property through a Foreign
Currency Value Account (FCVA) or NRP Rupee Value Account
(NRVA) maintained with authorized banks in Pakistan
under the foreign exchange regulations issued by the State Bank of Pakistan,
the tax collected
under this section from such persons
shall be final discharge
of tax liability for such buyer or transferee.”; and
(c)
in sub section (3), for the full stop at the end, a colon shall be substituted and thereafter the following new proviso
shall be added, namely:—
“Provided that where tax has been collected
along with installments, no further
tax under this section shall be collected
at the time of transfer of property in the name of buyer from whom tax has been collected
in installments which is equal to the amount payable in
this section.”;
(92)
sections 236L shall be omitted;
(93)
section 236P shall be omitted;
(94)
section 236S shall be omitted;
(95)
section 236V shall be
omitted;
(96)
section 236Y shall be
omitted;
(97)
after section
241, the following
new
section shall
be
added,
namely:—
“242. Benefits of repealed
provisions.—The existing
beneficiaries of exemptions or concessionary provisions of the Ordinance, already expired or expiring,
on thirtieth day of June, 2021 or repealed by Tax
Laws (Second Amendment) Ordinance, 2021 shall continue
to enjoy benefits
of the repealed
provisions for the periods prescribed therein and subject
to conditions and limitations specified therein.
(98)
in the First Schedule,—
(A)
in Part I,—
(a)
in Division IIA, in the Table,
in column (1), against serial No. 1, in heading of column (6), after the expression “Tax Year 2021”, the words “and onwards”
shall be inserted;
(b)
in Division
III, in clause (b), after the word” funds”, the expression “,Real Estate Investment Trusts” shall be inserted;
(c)
in Division
IIIA, after the expression “shall be –” the expression “15%” shall be added and thereafter TABLE shall be omitted;
(d)
Division VIA shall
be omitted;
(e)
in Division VII, for the tabular form, the following
shall be substituted namely:—
|
S.No |
Period |
Tax Year 2015 |
Tax Year 2016 |
Tax Year 2017 |
Tax Year 2018, 2019, 2020 and 2021 |
Tax Year 2022 and
onwards |
|
|
Securities acquired before 01-07-2016 |
Securities acquired after 01-07-2016 |
||||||
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
|
1. |
Where holding period of
a security is less than twelve
months |
12.5% |
15% |
15% |
15% |
15% |
12.5% |
|
2. |
Where holding period of
a security is twelve
months or more but less than twenty-four months |
10% |
12.5% |
12.5% |
12.5% |
||
|
3. |
Where holding period of
a security is twenty
- four months
or more but the security was acquired on or after
1st July, 2013. |
0% |
7.5% |
7.5% |
7.5% |
||
|
4. |
Where the security was
acquired before 1st July, 2013 |
0% |
0% |
0% |
0% |
0% |
0% |
|
5. |
Future commodity contracts entered into by members
of Pakistan Mercantile Exchange |
0% |
0% |
5% |
5% |
5% |
5%”; |
(f)
for Division VIII, the following shall
be
substituted, namely:—
Tax on capital gains
on disposal of Immoveable
Property
The rate
of
tax to be paid
under sub-section (1A) of section
37 shall be as follows:—
|
S.No |
Amount of
Gain |
Rate of
Tax |
|
(1) |
(2) |
(3) |
|
1. |
Where the gain does not exceed Rs. 5 million |
3.5% |
|
2. |
Where the gain exceeds Rs. 5
million but does not
exceed Rs. 10 million |
7.5% |
|
3. |
Where the gain exceeds Rs.
10 million but does not
exceed Rs. 15 million |
10% |
|
4. |
Where the gain
exceeds Rs. 15 million |
15% |
(g)
in Division IX, for the Table, the following
shall be substituted:—
|
S.No |
Person(s) |
Minimum Tax
as percentage of the person’s turnover for the
year |
|
(1) |
(2) |
(3) |
|
1. |
(a) Oil marketing companies, Sui Southern Gas
Company Limited and Sui Northern Gas Pipelines Limited (for the cases
where
annual turnover exceeds rupees one billion.) (b) Pakistan International Airlines Corporation; and (c) Poultry
industry including poultry
breeding, broiler production, egg production and poultry feed production; |
0.75% |
|
2. |
(a) Oil refineries (b) Motorcycle dealers
registered under the Sales Tax Act, 1990 |
0.5% |
|
3. |
(a)
Distributors of pharmaceutical products, fast moving
consumer goods and
cigarettes; (b) Petroleum agents and distributors who are registered under the
Sales Tax Act, 1990; (c) Rice
mills and dealers; (d) Tier-1 retailers of fast moving
consumer goods who are integrated with Board or its computerized system for real time reporting of sales
and receipts; (e) Person’s turnover from supplies through e-commerce including from running an online marketplace as defined
in clause (38B) of section 2. (f) Persons engaged in the sale and purchase of used
vehicles; and (g) Flour mills |
0.25% |
|
4. |
In
all other cases |
1.25% |
(B)
in Part II, in the first proviso, in clause
(b), for the colon a semi-colon shall be substituted and thereafter the following new clause shall be
added, namely:—
“(c) in
case of importers
of CKD kits of electric vehicles for small cars or SUVs with 50 kwh battery or below and
LCVs with
150
kwh battery
or
below shall
be
one percent:”;
(C)
in Part III,–
(a)
in Division I,—
(i)
the expression
“ and 236S” shall be omitted;
(ii)
in clause (b), after the word “funds”, the expression “, Real Estate Investment Trusts” shall be inserted;
(b)
in Division IA, for the colon at the end, a full stop shall be substituted and thereafter the proviso
shall be omitted;
(c)
in Division IB, for the expression “under section 150A,” the expression, “ on return on investment in sukuks from a sukuk holder”
shall be substituted;
(d)
in Division II,—
(i)
in clause (3A), for the expression “sub-section
(1D)”, the expression “sub-sections
(1D) and (1DA)” shall be
substituted; and
(ii)
in clause (5), in sub-clause (i),—
(A)
for the expression “ clause (133) of Part I of the Second Schedule”, the expression “section 2” shall be
substituted;
(B)
after the words “training services”, the expression “, oilfield services” shall be inserted;”;
(e)
in Division III,—
(i)
in paragraph (1), sub-paragraph (ab) shall be omitted;
(ii)
in paragraph (2), for sub-paragraph (i) the following
shall be substituted, namely
:—
“3% of the gross amount payable, in the cases of transport
services, freight forwarding services, air cargo services, courier services, manpower outsourcing services, hotel services, security guard services, software development services,
IT services
and IT enabled services as defined in section
2, tracking services,
advertising services (other than by print or electronic media), share registrar services, engineering services including architectural services, warehousing services, services rendered by asset management companies, data
services provided under license issued by the Pakistan Telecommunication Authority, telecommunication infrastructure (tower) services,
car
rental services, building maintenance services, services rendered by Pakistan
Stock Exchange Limited and Pakistan
Mercantile Exchange Limited, inspection, certification, testing and training
services, oilfield services, telecommunication services, collateral management services,
travel and tour services.
Explanation:—The tax rate under this sub- paragraph shall be applicable only to a service
provider whose services are subjected
to withholding tax on gross receipts
and the service provider has not agitated taxation of gross receipts
before any court of law”;
(iii)
in paragraph (3),—
(A)
in sub-paragraph (ii), for the figure “7%”, the figure “6.5%”
shall be substituted; and
(B)
in sub-paragraph (iii), for the figure “7.5%”, the figure “7%”
shall be substituted ;
(f)
Division IIIB shall be
omitted;
(g)
after Division
IV, the following new Division shall be added,
namely:—
The rate of tax to be deducted under section 154A shall be
one percent of the proceeds
of the
export.”;
(h)
in Division V, for the TABLE,
the following shall be substituted,
namely:—
|
“Sr. No |
Gross amount of rent |
Rate of
tax |
|
(1) |
(2) |
(3) |
|
1 |
Where the gross amount of
rent does not exceed Rs. 300,000 |
Nil |
|
2 |
Where the gross amount of
rent exceeds Rs. 300,000 but does not exceed
Rs. 600,000 |
5
per cent of the gross
amount exceeding
Rs. 300, 000 |
|
3 |
Where the gross amount of
rent exceeds Rs. 600,000 but does not exceed
Rs. 2,000,000 |
Rs. 15,000 plus 10
per cent of the gross
amount exceeding Rs. 600, 000 |
|
4 |
Where the gross amount of
rent exceed Rs. 2,000,000 |
Rs. 155,000 plus 25 per cent of the gross amount exceeding Rs. 2,000, 000”; |
(i)
Division VIB shall
be omitted;
(D)
in Part IV,—
(a)
Divisions IIA and IIB shall be
omitted;
(b)
for Division IV, the following shall be substituted, namely:—
Electricity Consumption
“(1) The
rate of collection of tax from commercial and industrial consumers from gross amount of bills shall be as
set
out in the following Table, namely:—
|
S.No |
Gross
amount of Bill |
Tax |
|
1 |
upto
Rs. 500 |
Rs. 0 |
|
2 |
exceeds Rs. 500 but does not exceed Rs. 20,000 |
10% of the
amount |
|
3 |
exceeds Rs.20,000 |
Rs. 1950 plus 12% of
the amount exceeding Rs. 20,000 for commercial consumers Rs. 1950 plus 5% of the amount
exceeding Rs. 20,000 for industrial
consumers |
(2)
The rate of tax to be collected on domestic
electricity consumption shall be—
(i)
zero percent
the amount of monthly
bill is less than
Rs.25,000; and
(ii)
7.5% if the
amount of monthly bill is
Rs. 25,000 or more;”
(c)
in Division V, in the Table, in the first column, against Serial Number (b), in the third column, for the expression “12.5%”, the expression “10% for tax year 2022
and 8% onwards” shall be
substituted;
(d)
Division VI and VIA
shall be omitted;
(e)
in Division VII, after clause (2), the following new clause
shall be added, namely:—
“(3) The
rate of tax under sub-section (2A) of section 231B
shall be as follows:—
|
S. No. |
Engine capacity |
Tax |
|
(1) |
(2) |
(3) |
|
1. |
Up to
1000cc |
Rs.50,000 |
|
2. |
1001cc
to 2000cc |
Rs.100,000 |
|
3. |
2001cc
and above |
Rs.200,000”; and |
(f)
Division IX shall be omitted;
(g)
in Division XIV, after the Table, following
new proviso shall be added,
namely:—
“Provided that the rate of advance tax on sale to distributors, dealers or wholesalers of fertilizer shall be 0.25%, if they are already
appearing on both the Active Taxpayers’ Lists issued under the provisions of the Sales Tax Act, 1990 and the Income
Tax Ordinance, 2001 (XLIX of 2001).”;
(h)
for Division XV,
the
following shall be substituted, namely:—
Advance tax on sale to
retailers
The rate of collection of tax under section
236H on the gross amount of sales shall be
0.5%.” ; and
(i)
Divisions XVA, XIX, XX, XXI,
XXVI and XXVII shall be omitted;
(99)
in the Second Schedule,—
(A)
in Part I,—
(i)
clause (4) shall be
omitted;
(ii)
clause (39) shall be omitted;
(iii)
in clause (57),—
(a)
in sub-clause (1), paragraph
(iii) shall be omitted;
and
(b)
in sub-clause (2), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”, the expression “Companies Act, 2017 (XIX of 2017)” shall be substituted;
(iv)
clauses (61),
(64A), (64B),
(64C) and
(65) shall
be omitted;
(v)
in clause (66),—
(a)
in sub-clause (1), in the Table 1, in column (1), after S. No. (xxxvi)
and entries relating thereto in column (2), the following
new entries shall be added,
namely:—
|
"(xxxvii) |
Islamic Naya
Pakistan Certificates Company
Limited (INPCCL). |
|
(xxxviii) |
Abdul Sattar Edhi Foundation. |
|
(xxxix) |
Patient’s Aid Foundation. |
|
(xl) |
Indus Hospital and Health Network. |
|
(xli) |
Securities and Exchange
Commission of Pakistan. |
|
(xlii) |
Dawat-e-Hadiya, Karachi. |
|
(xliii) |
Privatisation Commission of
Pakistan. |
|
(xliv) |
The
Citizens Foundation. |
|
(xlv) |
Sundus Foundation. |
|
(xlvi) |
Ali Zaib
Foundation |
|
(xlvii) |
Fauji Foundation. |
|
(xlviii) |
Make a
Wish Foundation |
|
(xlix) |
Audit Oversight Board. |
|
(xlx) |
Supreme Court Water Conservation
Account. |
|
(xlxi) |
Layton
Rahmatullah Benevolent Trust (LRBT). |
|
(xlxii) |
Baluchistan Education Endowment Fund
(BEEF). |
|
(xlxiii) |
Saylani Welfare International Trust. |
|
(xlxiv) |
Chiniot Anjuman
Islamia. |
|
(xlxv) |
Army Welfare Trust.”; |
(b)
in sub-clause (2), in the Table 2, in column (1), serial numbers (i), (viii), (x), (xx), (xxx), (xxxi),
(xxxiii) and (xxxvi) and entries
relating thereto in column (2) shall be
omitted;
(vi)
clauses (72), (72A)
and (74) shall be
omitted;
(vii)
for clause (75), the following
shall be substituted, namely:—
“(75) Any profit on debt and capital
gains derived by any agency of foreign
Government or any non- resident person approved by the Federal Government for the purpose of this clause
from debt and debt instruments approved by the Federal Government.”;
(viii)
in clause
(78), for the expression “citizens of Pakistan and foreign nationals residing abroad,
foreign association of persons, companies registered and operating
abroad and foreign nationals residing in Pakistan”, the
expression “non-resident individuals,
non-resident association
of persons
and
non-resident companies” shall be
substituted;
(ix)
in clause (79), for the expression “citizen of Pakistan
residing abroad”, the expression “non-resident individual holding a Pakistan
Origin Card (POC) or National
ID Card for Overseas Pakistanis (NICOP) or Computerized National ID Card (CNIC)” shall be substituted;
(x)
clauses (80), (90), (90A), (91)
and (98) shall be omitted;
(xi)
for clause (99A),
the
following shall be substituted, namely:—
“(99A) Profits and gains accruing to a person on the sale of immoveable property to any type of REIT scheme upto the 30th day of June,
2023.”;
(xii)
clauses (100), (101), (103) and (103C)
shall be omitted;
(xiii)
after clause (103C), omitted
as aforesaid, the following new
clause shall be added, namely:—
“(103D) Dividend
income and long term capital gains of any venture capital fund from investments in zone enterprises as defined in clause (p) of section 2 of the Special Technology Zones Authority Ordinance, 2020 for a period of ten years commencing from issuance
of licence by the Authority to
the zone enterprise.”;
(xiv) clauses
(104), (105),
(105A), (110B),
(110C), (114),
(114AA) and (117) shall be omitted;
(xv)
for clause (126B), the following
shall be substituted, namely:—
“(126B) Profits and gains derived by a
refinery—
(a)
from new deep conversion refinery of at least 100,000 barrels per day for which approval is given by the Federal Government before the 31st day of
December, 2021; or
(b)
for the purpose of upgradation, modernization or expansion
project of any existing
refinery which makes undertaking to the Federal Government in writing before the 31st day of
December, 2021 in this regard:
Provided that this
exemption shall be available for a period of twenty years beginning from the date
of commencement of commercial production in the case of new refinery
and ten years from the date of completion of up gradation, modernization or expansion
project of
existing refinery.
Provided
further that the exemption under this clause
shall only be available
to those refineries whose products fulfill Euro 5 standards”;
(xvi)
clauses (126BA)
and (126C) shall be omitted;
(xvii)
after clause
(126E), the following new clause shall be inserted, namely:—
“(126EA) Profits
and gains derived by—
(a)
zone developer
as defined in section 2 of the Special Technology Zones Authority Ordinance, 2020 from development and operations of the zones for a period
of ten years starting
from the date of signing
of the development agreement;
(b)
profits and gains of Zone Enterprises as defined
in section 2 of the Special
Technology Zones Authority Ordinance, 2020 for a period
of ten years from the date of issuance of license
by the Special Technology
Zone Authority; and
(c)
Special Technology Zones Authority established under the Special Technology Zones
Ordinance 2020.”;
(xviii) clauses (126G),
(126H), (126I)
,
(126J), (126K)
and (126L) shall be omitted;
(xix)
in clause (126M),—
(i)
in para (a), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”, the expression “Companies Act, 2017 (XIX of 2017)” shall be substituted;
(ii)
in the proviso,
for the figure “2018”,
the figure “2022” shall be
substituted;
(xx)
clauses (126N), (126O)
and
(131) shall be omitted;
(xxi)
in clause (132),—
(a)
in sub-clause (a), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”, the expression “Companies Act, 2017 (XIX of 2017)” shall be substituted; and
(b)
in sub-clause (c), in the fifth proviso, for the full stop at the end, a colon shall be substituted and thereafter the following new proviso
shall be added, namely:—
“Provided further that no exemption under this clause shall be available
to persons, who enter into
agreement or to whom letter of
intent is issued by Federal
or Provincial Government for setting
up an electric power generation project in Pakistan after the
30th day of June, 2021.”;
(xxii)
clause (132A) shall be omitted;
(xxiii)
after omitted
clause (132A), the following
new clause shall be inserted,
namely:—
“(132AA) Profits and gains derived from sale of electricity by National
Power Parks Management Company (Private) Limited or demerged
entities of National Power Parks Management Company (Private) Limited commencing from the commercial operation dates and continuing after the date of
change of ownership as a result of privatization by the Privatization Commission
of Pakistan.”;
(xxiv)
clause (132B) shall be omitted;
(xxv)
after clause (132B), omitted
as aforesaid, the following new clause shall be
inserted, namely:—
“(132C) Profits and gains derived by a
taxpayer from a bagasse/biomass based cogeneration power project having one or more boilers of not less than 60 bar (kg/CM3) pressure
each, commissioned after the first day of January
2013.”;
(xxvi) clauses (133), (135A), (136), (141), (143), (146) and
(148) shall be
omitted;
(xxvii)
after omitted
clause (148),
the
following
new clause shall be added, namely:—
“(149) Any sum—
(i)
remitted to Pakistan through banking channels in foreign
currency received by an international buying house from its non- resident
principal to meet its expenses
in Pakistan; and
(ii)
chargeable under the head “Salary” received by a person who, not being a citizen or resident of Pakistan, is engaged as an expert by an
international buying house.
Explanation.—For the purpose of this clause international buying house means persons acting as buying offices,
buyers’ agents, or
representatives of international buyers for facilitating exports from Pakistan and are registered as liaison offices with Board of Investment or companies
registered with SECP. Provided that such buying houses act as cost centers with the sole purpose to bring export
orders to Pakistan
on behalf of their principals and do not enter into any local business transactions in Pakistan
and their expenses are remitted
to Pakistan.”
(B)
in Part II,—
(a)
clauses (2), (3)
and (3B) shall be omitted;
(b)
in clause (5A), after the expression “Pakistan,”, the expression “other than those covered
under clauses (78) and (79) of Part I of the Second Schedule,” shall be inserted;
(c)
after clause (5AA), the following
new clauses shall be inserted,
namely:—
“(5AB) The rate of tax to be deducted
under section 151 shall be ten percent from the profit on debt from a debt instrument, whether conventional or Shariah
compliant, issued by the Federal Government under the Public Debt Act, 1944 (XVIII of 1944) or its wholly owned special purpose company, purchased by a resident citizen of Pakistan
who has already
declared foreign assets to the Board through a Foreign
Currency Value Account (FCVA) maintained with authorized banks in Pakistan
under the foreign exchange
regulation issued
by the State Bank of Pakistan:
Provided that the tax so deducted shall be the final tax.
(5AC) The
rate of tax to be deducted
under sub-section
(2) of section 152 or under section 151, as the case may be, shall be zero percent of the gross amount of profit on debt paid, covered under clauses (78) and
(79) of Part I of
the Second
Schedule.”;
(d)
clause (5B) shall be omitted;
(e)
after the omitted
clause (9A), the following
new clauses shall be inserted,
namely:—
“(9AA) In respect
of import of white sugar from the 25th day of August, 2020 to the 15th day of November, 2020 both days inclusive, tax under section
148 shall be collected at the rate of 0.25% as per quantity, quality, mode and manner prescribed by Ministry
of Commerce during
the said period.
(9AB) Tax under section 148 on commercial import of the white sugar shall be collected
at the rate of 0.25% from the 26th day of January 2021 till the 30th
day
of June, 2021.
(9AC) Subject
to quota allotment
by Commerce Division, tax under section
148 shall be collected at the rate of 0.25% on import of raw sugar imported by sugar mills from the 26th day of January, 2021 to the 30th day of June, 2021 both days inclusive
provided that such imports shall not exceed fifty thousand metric tons per sugar mill and three hundred
thousand metric tons in aggregate
by the sugar industry.”;
(f)
clauses (18), (18A)
and (18B) shall be omitted;
(g)
after clause (18B),
omitted as aforesaid, the following
new clause shall be
added, namely:—
“(18C) The rate
of tax
as specified in Division-III of Part-I of First Schedule shall be reduced to 7.5% in case of dividends
declared by a company
as are “attributable” to
profits and gains derived from a bagasse and biomass
based co-generation power project qualifying for exemption
under clause (132C) of
Part-I of this Schedule:
Provided that the amount of
“attributable” dividends shall be computed in accordance with the following
formula, namely:-
Where-
A
is the total amount of dividend
for the year;
B
is the accounting profit for the year attributable to the bagasse
and biomass based cogeneration power project
qualifying for exemption
under clause (132C) of
Part-I of this Schedule;
and
C
is the total accounting profit before tax
for
the year.
Explanation.—For the removal
of doubt, it is clarified that accounting profit attributable to the bagasse/biomass based cogeneration power project would be determined by the external
auditor of the company
and the external auditor shall issue a certificate to this effect.”;
(i)
in clause
(24A), the expression “and for large distribution houses who fulfill all the conditions for a large import house as
laid down under clause (d) of sub- section
(7) of section 148, for
large import houses,”
shall be omitted;
(j)
clause (24AA) shall be omitted;
(k)
for clause (24C), the following
shall be substituted, namely:—
“(24C) The rate of tax under clause (a) of sub-section (1) of section
153 in the case of distributors, dealers, sub-dealers, wholesalers and retailers
of fast moving consumer goods, fertilizer, electronics excluding mobile phones, sugar, cement, and edible oil as recipient
of payment shall be 0.25% of gross amount of payments
subject to the condition
that beneficiaries of reduced rate are appearing on the Active Taxpayers’ Lists issued under the provisions of the Sales Tax Act, 1990 and the Income Tax Ordinance, 2001 (XLIX of 2001):
Provided
that the benefit
under this clause shall only be available
to those Tier-1 retailers as defined under Sales Tax Act, 1990 who are integrated and configured with Board or its computerized system for real time reporting
of sales or
receipts.”;
(l)
for clause (24D),the following shall be substituted, namely :—
“(24D) The rate of minimum
tax under sub-section (1) of section
113 in the case of distributors,
dealers, sub- dealers, wholesalers and retailers of fast moving consumer
goods, fertilizer,
locally manufactured
mobile phones,
sugar, electronics excluding imported mobile phones, cement and edible oil shall be 0.25% subject to the condition that beneficiaries of reduced
rate are appearing on the Active Taxpayers’ Lists issued under the provisions of the Sales Tax Act, 1990 and the Income
Tax Ordinance, 2001:
Provided
that the benefit
under this clause shall be available to only those Tier-1 retailers as defined under Sales Tax Act, 1990 who are integrated and configured with Board or its computerized system for real time reporting
of sales or
receipts.”;
(m)
clauses (28A) and (28B) shall be
omitted;
(n)
in clause (28E), the expression “for tax year 2020” shall be omitted;
(o)
after clause
(28E), the following
new clause shall be added,
namely:—
“(28F) The rate of tax under clause (b) of sub-section (1) of section 153 in case of oil tanker contractor services shall be 2% of the gross amount of the payments.”;
(C)
in Part III,—
(a)
clauses (2), (7)
and (8)
shall be omitted;
(b)
in clause (9), for the full stop at the end, a colon shall be substituted and thereafter the following
new proviso shall be added,
namely:—
“Provided that exemption under this clause shall continue to remain available
to such projects which commence
on or before the 30th day of June, 2024.”;
(c)
in clause (9B), for the full stop at the end, a colon shall be substituted and thereafter the following new proviso
shall be added, namely:—
“Provided that exemption under this clause shall continue to remain available
to such projects which commence on or before the 30th day of June, 2024.”; and
(d)
after clause (16),
omitted as aforesaid, the following new clause
shall be inserted
and shall be deemed
to have been inserted with effect from the 1st day of July, 2019, namely:—
“(17) The tax payable by cotton ginners
on their income
and profits shall not be more than sum of 1% of their turnover
from cotton lint, cotton seed, cotton
seed oil and cotton seed cake:
Provided
that the tax so payable shall be final tax in respect of their cotton ginning
and oil milling activities only.”; and
(e)
after clause
(17), inserted as aforesaid, the following
new clauses shall be added,
namely:—
“(18) The rate of withholding tax on value of offshore supply
contract of an Independent Power Producer located
wholly or partly in territories of AJ&K
shall be 1% provided:
(i)
PPIB has issued Letter of Support
for the project;
(ii)
its EPC Contract has been executed
and submitted to NEPRA for EPC stage tariff
determination prior to the enactment
of Finance Act, 2018;
(iii)
offshore supply contract
arrangement of offshore
supply contractor having permanent establishment in Pakistan
falls under the purview
of cohesive business
operation as contemplated under Income Tax Ordinance, 2001; and
(iv)
such 1% tax shall be full and final liability
of the offshore contractor.
(19)
The tax payable by woman enterprises on profit and gains derived from business chargeable to tax under the head “Income from Business”
shall be reduced
by 25%.
Explanation.—For the purpose of this clause a woman enterprise means a startup established on or after first day of July 2021 as sole proprietorship concern owned by a woman or an AOP all of whose members are women or a company whose 100% shareholding is held or owned
by women:
Provided
that benefit of this clause shall not be available to a business that is formed by the transfer or reconstitution or reconstruction or splitting up of an existing
business. “;
(20)
The tax payable
by a person other than a banking
or insurance company
in respect of profit on debt from investment in Federal Government securities shall be fifteen percent of the gross amount of the profit on
debt:
Provided
that tax so payable shall be final tax on the
income representing profit on debt from investment in
Federal Government securities.”;
(D)
in Part IV,—
(a)
clause (2) shall be
omitted;
(b)
after the omitted clause (4), the following new clause
shall be inserted,
namely:—
“(4A) No provision
of this Ordinance
shall apply for recoup of tax credit already allowed to National
Power Parks Management Company (Private) Limited for investment in plant and machinery
notwithstanding non issuance
of share certificates or any
restructuring of its ownership pattern or debt to equity ratio prior to privatization as part of the
privatization process.”;
(c)
in clause (11A),—
(i)
sub-clauses (ix), (x), (xiii),
(xv), (xviii) and (xxix)
shall be omitted;
(ii)
after sub-clause (xxxviii), the following
new sub- clauses shall be
added, namely:—
“(xxxix) Islamic Naya Pakistan Certificates Company Limited
(INPCCL);
(xl) receipts
from sale of electricity
produced
from a bagasse and biomass based co- generation power project qualifying for exemption
under clause (132C) of Part-I of this
Schedule;
(xli) National
Power Parks
Management Company (Private) Limited
or demerged entities of National Power Parks Management Company (Private)
Limited commencing from the commercial operation dates and continuing after the date of change
of ownership as a result
of privatization by the
Privatization Commission of Pakistan.”;
(xlii) Persons
qualifying for exemption
under clause
(126E) of Part I of this Schedule for tax year 2021 and
onwards
(xliii) Persons
qualifying for exemption
under clause (126EA)
of Part I of this
Schedule;
(xliv) Persons mentioned in Table I of clause
(66) of Part I of Second
Schedule.”;
(d)
in clause (12B),
for the expression “30th day of September, 2020”, the expression “30th day of June, 2021” shall be substituted;
(e)
after clause (12E),
the following new clauses
shall be added, namely:—
“(12F) The provision of section 148 shall not apply on import of 1.5 million tons of wheat having
PCT Heading 1001.1900
and 1001.9900 in pursuance
of
Cabinet Decision
in
case No.399/23/2020
dated the
16th June, 2020;
(12G) The provisions of section 148 shall, in pursuance of the Cabinet Decision in case No. 541/30/2020 dated the 4th August,
2020, not apply on import by the Trading
Corporation of Pakistan of 300,000
metric tons of white sugar having PCT heading 1701.9910,1701.9920,
specification B;
(12H) (a) The provisions of section
148 shall not apply on import of following
goods for a period of three months starting
from the 23rd of June, 2020,
namely:—
S.No. Description PCT Code (1) (2) (3) 1. Oxygen gas 2804.4000 2. Cylinders (for oxygen gas) 7311.0090 3. Cryogenic tanks (for
oxygen gas) 7311.0030
; and
(b) the concessions given in this clause shall also apply in respect
of the letters of credit opened or goods declaration forms filed on or after the 23rd June, 2020;
(12I) The provisions of section
148 shall not apply on import of 83 X Micron sprayers for Anti-Locust Operation (Respective heading) by National
Disaster Management Authority (NDMA).
(12J) The provisions of section 148 shall, in pursuance of the Cabinet Decision in case No. 34/02/2021, dated the 12th January, 2021, not apply on import
of three hundred
thousand metric tons of wheat through tendering process by the Trading Corporation
of Pakistan;
(12K) (a) The provisions of section
148 shall not apply on import of following
goods by the manufacturers of oxygen for a period of
three months starting from the 25th day of December, 2020, namely:—
|
S.No. |
Description |
PCT Code |
|
(1) |
(2) |
(3) |
|
1. |
Cryogenic Tanks (for oxygen Gas) |
7311.0030 |
(b) the concessions given in this clause shall also apply in respect
of the letters of credit opened or goods declaration forms filed on or after the 25th
day
of December, 2020;
(12L) The provisions of section 148 and 153 shall not apply on import and subsequent supply of five hundred
thousand metric tons of white sugar imported
by the Trading Corporation
of Pakistan;
(12M) The provisions of section
148 shall not apply on import of following
goods for a period of one hundred and eighty days starting from the 14th day of
May, 2021, namely:—
|
S.No. |
Description |
PCT Code |
|
(1) |
(2) |
(3) |
|
1. |
- Oxygen |
2804.4000 |
|
2. |
- - -
Other (Oxygen Cylinders) |
7311.0090 |
|
3. |
- - - For Cryogenic (Tanks/Vessels) |
7311.0030 |
|
4. |
Oxygen Concentrators /
Generators / Manufacturing Plants of all specifications
and capacities. |
Respective headings”; |
(12N) Border
sustenance markets—
(a)
The provisions of section
148 shall not apply on the import of goods which takes place within
the jurisdiction of Border sustenance markets specified
in Table-I below:—
|
|
PCT
Heading |
|
|
1. |
07011000 |
-SEED
(Potatoes) |
|
2. |
07020000 |
TOMATOES, FRESH OR
CHILLED. |
|
3. |
07031000 |
-ONIONS
AND SHALLOTS |
|
4. |
07032000 |
-GARLIC |
|
5. |
07049000 |
-OTHERS which qualifies for exemption or
concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales
Tax Act, 1990 or Federal
Excise Act, 2005 for Border Sustenance Markets |
|
6. |
07061000 |
-CARROTS AND TURNIPS |
|
7. |
07070000 |
CUCUMBERS AND GHERKINS FRESH OR CHILLED. |
|
8. |
07081000 |
-PEAS
(PISUM SATIVUM) |
|
9. |
07082000 |
-BEANS
(VIGNA SPP., PHASEOLUS SPP.) |
|
10. |
07089000 |
-OTHER LEGUMINOUS VEGETABLES |
|
11. |
07131000 |
- Peas (Pisum sativum) |
|
12. |
07132010 |
Grams (Dry/Whole) |
![]()
|
|
|
|
|
|
PCT
Heading |
|
|
13. |
07132090 |
---other- which qualifies for exemption or
concession or reduced rate under
the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act, 2005
for Border Sustenance Markets |
|
14. |
07133100 |
-- Beans of the species
Vigna mungo (L.) Hepper or Vigna radiata
(L.) Wilczek |
|
15. |
07133200 |
-- small
red (Adzuki)
beans (Phaseolus
or
Vigna
angularis) |
|
16. |
07133300 |
Kidney beans including white beans |
|
17. |
07133400 |
-- Bambara
–
vigna subteranea or
vaahdzeia subterrea |
|
18. |
07133500 |
- - Cow
peas (Vigna unguiculata) |
|
19. |
07133990 |
-- Other which qualifies for exemption or concession or reduced rate under
the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act, 2005
for Border Sustenance Markets |
|
20. |
07134010 |
- Lentils (Dry Whole) |
|
21. |
07135000 |
- Broad beans
(Vicia faba
var. major)
and horse beans (Vicia
faba var. equina,
Vicia faba var.
minor) |
|
22. |
07136000 |
- Pigeon peas (cajanus cajan) |
|
23. |
07139090 |
- Other which qualifies for exemption or concession or reduced rate under
the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act,
2005 for Border Sustenance Markets |
|
24. |
09051000 |
Vanilla
(Neither crushed nor ground) |
|
25. |
09061100 |
Cinnamon |
|
26. |
09061900 |
Other (Cinnamon And Cinnamon
Tree Flowers) |
|
27. |
09071000 |
- -
Neither crushed nor ground (Cloves) |
|
28. |
09072000 |
- -
Crushed or ground
(Cloves) |
|
29. |
09081100 |
- -
Neither Crushed nor ground (Nutmeg) |
|
30. |
09081200 |
- -
Crushed or ground
(Nutmeg) |
|
31. |
09082100 |
- -
Neither crushed nor ground (Maze) |
|
32. |
09082200 |
- -
Crushed or ground
(Maze) |
|
33. |
09083110 |
- - - Large
(Cardammoms) |
|
34. |
09083120 |
- - - Small (Cardammoms) |
|
35. |
09083200 |
- -
Crushed or ground
(Cardammoms) |
|
36. |
09092100 |
- - Neither
crushed nor ground (Coriander) |
|
37. |
09092200 |
- -
Crushed or ground
(Coriander) |
|
38. |
09093100 |
- -
Neither crushed nor ground (Seeds of Cumins) |
|
39. |
09093200 |
- -
Crushed or ground
(Seeds of Cumins) |
|
40. |
09096100 |
-
-
Neither crushed nor
ground (Seeds of Anise, Badian, Caraway, Fennel etc) |
|
41. |
09096200 |
-
-
Crushed or ground (Seeds
of
Anise, Badian, Caraway, Fennel
etc) |
|
42. |
09109910 |
- - - THYME;
BAY LEAVES |
|
43. |
10031000 |
Barley (Seeds) |
|
44. |
10039000 |
Other (Barley) |
|
45. |
12060000 |
Sunflower seeds ,whether or
not broken |
|
46. |
12129200 |
Locust beans |
|
47. |
12130000 |
Cereal straws and husks |
|
48. |
15161000 |
Animal Fats and Oil and
their fractions |
|
49. |
15162010 |
Vegetable Fats and
their fractions |
|
50. |
15162020 |
Vegetable Oils and
their fractions |
|
51. |
82089010 |
- - - Knives and cutting blades for paper and paper board |
|
52. |
04011000 |
-OF A
FAT CONTENT, BY
WEIGHT, NOT EXCEEDING 1 % (Milk and Cream) |
|
53. |
04012000 |
-OF
A FAT CONTENT, BY WEIGHT,
EXCEEDING 1 % BUT NOT EXCEEDING
6 % (Milk and Cream) |
![]()
|
|
|
|
|
|
PCT
Heading |
|
|
54. |
04014000 |
- Of a fat content, by weight,
exceeding 6 % but not exceeding
10% (Milk and
Cream) |
|
55. |
04015000 |
- Of a fat content, by weight,
exceeding 10 % (Milk and
Cream) |
|
56. |
07039000 |
-LEEKS
AND OTHER ALLIACEOUS VEGETABLES |
|
57. |
07041000 |
-CAULIFLOWERS AND HEADED
BROCCOLI |
|
58. |
07042000 |
-BRUSSELS SPROUTS |
|
59. |
07051100 |
- -
CABBAGE LETTUCE (HEAD
LETTUCE) |
|
60. |
07051900 |
-
- OTHER which
qualifies for exemption or concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act, 2005 for Border Sustenance Markets |
|
61. |
07052100 |
- - WITLOOF CHICORY (CICHORIUM
INTYBUS
VAR.FOLIOSUM) |
|
62. |
07052900 |
-
- OTHER which
qualifies for exemption or concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act, 2005 for Border Sustenance Markets |
|
63. |
07069000 |
-OTHER which qualifies for exemption or
concession or reduced rate under
the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act,
2005 for Border Sustenance Markets |
|
64. |
07096000 |
Fruits
of
the genus
Capsicum or of
the genus Pimenta |
|
65. |
08042000 |
Figs |
|
66. |
08061000 |
-FRESH
(Grapes) |
|
67. |
08062000 |
---DRIED (Grapes) |
|
68. |
08071100 |
- -
WATERMELONS |
|
69. |
08071900 |
-
- OTHER which
qualifies for exemption or concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act, 2005 for Border Sustenance Markets |
|
70. |
08081000 |
-APPLES |
|
71. |
09021000 |
Green
Tea |
|
72. |
09022000 |
Other Green
Tea |
|
73. |
09101200 |
- -
Crushed or ground
(Ginger) |
|
74. |
09103000 |
-TURMERIC (CURCUMA) |
|
75. |
09109990 |
-
- - OTHER which qualifies for exemption or concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales
Tax Act, 1990 or Federal
Excise Act, 2005 for Border Sustenance Markets |
|
76. |
17021110 |
Lactose
(Sugar ) |
|
77. |
17021120 |
- - - Lactose
syrup |
|
78. |
17021900 |
-
- OTHER which
qualifies for exemption or concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act, 2005 for Border Sustenance Markets |
|
79. |
17029020 |
- - - CARAMEL |
|
80. |
23040000 |
OIL-CAKE AND OTHER SOLID RESIDUES, WHETHER OR NOT GROUND
OR IN THE FORM OF PELLETS, RESULTING FROM THE EXTRACTION
OF SOYA BEAN OIL. |
|
81. |
23099000 |
Other (animal feed) |
|
82. |
52042010 |
--- FOR
Sewing (Thread) |
|
83. |
52042020 |
For embroidery (Thread) |
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|
|
|
|
|
|
PCT
Heading |
|
|
84. |
82011000 |
- Spades and
shovels |
|
85. |
82055900 |
Other (Tools for masons, watchmakers, miners and hand tools nes) |
|
86. |
82083000 |
- For kitchen
appliances or for machines used by the food industry |
|
87. |
82089090 |
- - - Other
which qualifies for exemption or concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act, 2005 for Border Sustenance Markets |
|
88. |
04031000 |
-YOGURT |
|
89. |
07019000 |
Other (Potatoes) |
|
90. |
07104000 |
- Sweet corn |
|
91. |
07109000 |
- Mixtures of vegetables |
|
92. |
08041010 |
Fresh
(Dates) |
|
93. |
08041020 |
Dried
(Dates) |
|
94. |
08091000 |
-APRICOTS |
|
95. |
08092100 |
- - Sour cherries (Prunus cerasus) |
|
96. |
08092900 |
- - Other
which qualifies for exemption or concession or reduced rate under
the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act,
2005 for Border Sustenance Markets |
|
97. |
08093000 |
-PEACHES, INCLUDING NECTARINES |
|
98. |
08094000 |
-PLUMS AND
SLOES |
|
99. |
08101000 |
Strawberries |
|
100. |
08105000 |
Kiwi Fruit |
|
101. |
09101100 |
- -
Neither crushed nor ground (Ginger) |
|
102. |
10011900 |
Other (Durum
wheat (excl. seed
for sowing)) |
|
103. |
10019900 |
Other (Wheat and meslin (excl. seed for sowing, and durum wheat)) |
|
104. |
11010010 |
Of Wheat (Flour) |
|
105. |
11010020 |
Of Meslin
(Flour) |
|
106. |
19021920 |
- - - VERMACELLI |
|
107. |
19059000 |
Other (Packed Cake) |
|
108. |
20071000 |
Homogenised perparations |
|
109. |
20079100 |
Citrus Fruit |
|
110. |
20079900 |
Other which qualifies for exemption or
concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act,
2005 for Border Sustenance Markets |
|
111. |
34013000 |
-ORGANIC SURFACE-ACTIVE PRODUCTS AND PREPARATIONS FOR WASHING THE SKIN, IN THE FORM OF
LIQUID OR CREAM AND PUT UP FOR
RETAIL SALE, WHETHER
OR NOT |
|
|
|
CONTAINING SOAP |
|
112. |
34022000 |
- Preparations put up for
retail sale |
|
113. |
34029000 |
---- Other which qualifies for exemption
or concession or reduced rate under
the provisions of Customs Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act,
2005 for Border Sustenance Markets |
|
114. |
69111090 |
Others (Tableware and kitchenware of
porcelain or china) |
|
115. |
69119000 |
Other (Household
articles nes &
toilet articles
of porcelain or china) |
|
116. |
70134900 |
Other (Glassware for table or
kitchen purposes (excl. glass having
a linear c) |
|
117. |
70139900 |
Other (Glassware nes (other
than that of 70.10
or 70.18)) |
|
118. |
82159910 |
- - - Spoons |
|
119. |
82159990 |
Other (Tableware articles not in sets and not plated |
![]()
|
|
|
|
|
|
PCT
Heading |
|
|
|
|
with
precious meta)l |
|
120. |
87120000 |
Bicycles and
other cycles (including delivery tricycles), not motorised. |
|
121. |
96170010 |
- - - Vacuum
flasks |
|
122. |
96170020 |
-
- - OTHER which qualifies for exemption or concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act, 2005 for Border Sustenance Markets |
(b)
The provisions of section
154 shall not apply to the export of goods which takes place within the jurisdiction of Border sustenance markets specified in Table - II below:—
|
Sr.# |
PCT
Heading |
Description |
|
1. |
02012000 |
Other cuts with bone in (Meat of bovine animals, fresh or chilled) |
|
2. |
02013000 |
Boneless (Meat of
bovine animals, fresh or chilled) |
|
3. |
02022000 |
Other cuts with bone in (Meat of bovine animals, frozen) |
|
4. |
02023000 |
Boneless (Meat of
bovine animals, frozen) |
|
5. |
03021100 |
Fish |
|
6. |
04090000 |
Honey |
|
7. |
06022000 |
Plants |
|
8. |
07011000 |
-SEED
(Potatoes) |
|
9. |
07019000 |
Other (Potatoes) |
|
10. |
07020000 |
TOMATOES, FRESH OR
CHILLED. |
|
11. |
07031000 |
-ONIONS
AND SHALLOTS |
|
12. |
07032000 |
Garlic |
|
13. |
07061000 |
-CARROTS AND TURNIPS |
|
14. |
07069000 |
-OTHER which qualifies for exemption or
concession or reduced
rate under the
provisions of Customs
Act, 1969 and Sales
Tax Act, 1990
or Federal Excise
Act, 2005 for Border
Sustenance Markets |
|
15. |
07070000 |
Cucumbers |
|
16. |
07093000 |
Egg
Plant |
|
17. |
07096000 |
Fruits of the
genus Capsicum
or
of
the genus Pimenta
(pepper) |
|
18. |
07099900 |
Others (Lady Finger) |
|
19. |
07101000 |
Fresh Potato |
|
20. |
07102100 |
Pea |
|
21. |
07103000 |
Spinach |
|
22. |
08031000 |
- Plantains (Bananas) |
|
23. |
08039000 |
- Other (Bananas) |
|
24. |
08041010 |
Fresh
(Dates) |
|
25. |
08041020 |
Dried
(Dates) |
|
26. |
08045020 |
--- Mangoes |
|
27. |
08052100 |
-- Mandarins (including tangerines and
satsumas) |
|
28. |
08052910 |
---Kino
(fresh) |
|
29. |
08061000 |
Grapes (Fresh) |
|
30. |
08071100 |
- -
WATERMELONS |
|
31. |
08071900 |
Melons |
|
32. |
08091000 |
Apricots |
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|
|
|
|
|
Sr.# |
PCT
Heading |
Description |
|
33. |
08092900 |
Cherries |
|
34. |
08093000 |
Peaches |
|
35. |
08101000 |
Strawberries |
|
36. |
08109010 |
Pomegranates |
|
37. |
08109090 |
Fresh
fruits nes (Other) |
|
38. |
08133000 |
Apple |
|
39. |
09021000 |
Green
Tea |
|
40. |
09022000 |
Other green
tea |
|
41. |
09030000 |
Mate. |
|
42. |
09042110 |
Red
Chillies (Whole) |
|
43. |
09042190 |
--- Other which qualifies for exemption or concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales
Tax Act, 1990 or Federal
Excise Act, 2005
for Border Sustenance Markets |
|
44. |
09042210 |
Red
Chillies (Powder) |
|
45. |
09042290 |
--- Other which qualifies for exemption or
concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales
Tax Act, 1990
or Federal Excise
Act, 2005 for Border
Sustenance Markets |
|
46. |
09051000 |
- -
Neither crushed nor ground (Vanilla) |
|
47. |
09052000 |
- -
Crushed or ground
(Vanilla) |
|
48. |
10061010 |
- - - SEED FOR
SOWING (Rice) |
|
49. |
10061090 |
-
- - OTHER which qualifies for exemption or concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act, 2005 for Border Sustenance Markets |
|
50. |
10062000 |
-HUSKED
(BROWN) RICE |
|
51. |
10063010 |
- - - BASMATI (Rice) |
|
52. |
10063090 |
-
- - OTHER which qualifies for exemption or concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act, 2005 for Border Sustenance Markets |
|
53. |
10064000 |
-BROKEN
RICE |
|
54. |
11010010 |
Flour (of Wheat) |
|
55. |
12074000 |
- Sesamum
seeds |
|
56. |
12079900 |
Other (hemp
Seeds) |
|
57. |
12119000 |
Ajwain |
|
58. |
15162020 |
Vegetable Oils and
their fractions |
|
59. |
19021920 |
- - - VERMACELLI |
|
60. |
19041090 |
Papad |
|
61. |
20071000 |
- Homogenised preparations |
|
62. |
20081900 |
--Nimko |
|
63. |
21069090 |
- - - OTHER (Custard Powder) |
|
64. |
23099000 |
Other (Animal feed) |
|
65. |
25010010 |
Table Salt |
|
66. |
25010020 |
--- Rock Salt |
|
67. |
25010030 |
--- Sea
Salt |
|
68. |
25010090 |
--- Other which qualifies for exemption
or concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act, 2005 for Border Sustenance Markets |
|
69. |
34060000 |
Candles |
|
70. |
36050000 |
Safety Match |
|
71. |
39264090 |
-OTHER
(Plastic Articles) |
|
72. |
53101000 |
Woven fabrics of jute or of other
textile bast fibres, unbleached |
![]()
|
|
|
|
|
Sr.# |
PCT
Heading |
Description |
|
73. |
53109010 |
- - - Jute
(hessian cloth) |
|
74. |
56074100 |
- -
Binder or baler twine |
|
75. |
56074900 |
-
- Other which qualifies for exemption or concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales
Tax Act, 1990
or Federal Excise
Act, 2005 for Border
Sustenance Markets |
|
76. |
56075000 |
- Of other
synthetic fibres |
|
77. |
58021100 |
-- Unbleached (Terry toweling in similar woven terry fabrics, of
cotton) |
|
78. |
58021900 |
-- Other
(Terry toweling
In similar
woven Terry fabrics, OF cotton) |
|
79. |
58022000 |
- Terry
towelling and similar woven terry fabrics, of other
textile materials |
|
80. |
58023000 |
- Tufted
textile fabrics |
|
81. |
58043000 |
- Hand
made lace |
|
82. |
58050000 |
Hand-woven tapestries of
the type Gobelins, Flanders, Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made up. |
|
83. |
58064000 |
- Fabrics
consisting of warp without
weft assembled by means
of an adhesive (bolducs) |
|
84. |
59011000 |
- Textile
fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books
or the like |
|
85. |
61119000 |
Mix
Goods/Garments (Babies garments&clothg accessories) |
|
86. |
62031990 |
---OTHER (Men or Boys Suits
etc) |
|
87. |
62042200 |
- - Of cotton |
|
88. |
62042900 |
- - Of other textile
materials |
|
89. |
62043900 |
- - Of other textile
materials |
|
90. |
62044210 |
- - - Shisha
embroidered dresses |
|
91. |
62129000 |
-OTHER which qualifies for exemption or
concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales Tax Act, 1990 or Federal
Excise Act, 2005 for Border Sustenance Markets |
|
92. |
63021090 |
-OTHER
(Bed linen, Toilet
linen etc) |
|
93. |
63051000 |
Jute Bags (of jute or
of other textile
bast fibres of heading
53.03) |
|
94. |
63052000 |
Sacks and
bags, for packing
of goods, of cotton |
|
95. |
63090000 |
Worn
clothing and other
worn articles |
|
96. |
69111090 |
Other (Tableware and kitchenware of
porcelain or china) |
|
97. |
69119000 |
Others
(Household articles nes &
toilet
articles of porcelain or china) |
|
98. |
70133700 |
Drinking glasses (excl. glasses of
glass ceramics or of lead
crystal a |
|
99. |
73181690 |
Nuts, iron
or steel, nes (Others) |
|
100. |
82055900 |
Tools for masons, watchmakers, miners and hand tools nes
(Other) |
|
101. |
82059000 |
Hand tools (Other, including sets of
articles of two or more
subheadings of this heading) |
|
102. |
82119100 |
- -
Table knives having fixed blades |
|
103. |
82119200 |
- -
Other knives
having fixed
blades |
|
104. |
82159990 |
Tableware articles not
in sets and not plated with precious metal |
|
105. |
84485100 |
Needle |
|
106. |
96170010 |
- - - Vacuum
flasks |
|
|
|
|
|
Sr.# |
PCT
Heading |
Description |
|
107. |
96170020 |
- - - Other which qualifies for exemption or concession or reduced
rate under the provisions of Customs
Act, 1969 and Sales Tax Act, 1990 or Federal Excise |
|
|
|
Act, 2005
for Border Sustenance Markets |
The exemption under this clause shall be available
on the import of goods subject
to following conditions, namely:—
(i)
Such goods shall be
supplied only within the
limits of Border Sustenance Markets established in cooperation with Iran and Afghanistan;
(ii)
If the goods, on which exemption
under this table has been availed, are brought outside the limits of such markets,
income tax shall be charged on the import
value as per provisions of section 148 of this Ordinance;
(iii)
Such items in case of import, shall be allowed
clearance by the Customs Authorities subject to furnishing of bank guarantee equal to the amount
of income tax involved and the same shall be released after presentation of consumption certificate issued by the Commissioner Inland Revenue
having jurisdiction;
(iv)
The said exemption shall only be available to a person upon furnishing proof of having a functional business premises located within limits of the
Border Sustenance Markets;
and
(v)
Breach of any of the conditions specified herein shall attract relevant legal provisions of the Ordinance, besides recovery of the amount
of income tax along with default surcharge and penalties
involved.
(f)
in clause
(19), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”, the expression “Companies Act, 2017 (XIX of 2017)” shall be substituted;
(g)
in clause (43D),—
![]()
(i)
for the expression “clause (a)”, the expression “clauses
(a) and (b)” shall be
substituted;
(ii)
the expression “w.e.f. tax year 2012” shall be omitted;
(h)
in clause (43E),—
(i)
for the expression “clause (a)”, the expression “clauses
(a) and (b)” shall be
substituted;
(ii)
for the figure “3%”, the figure “3.5%” shall be substituted;
(i)
after clause (43F),
the following new clause
shall be inserted, namely:—
“(43G) The provisions of section 153 shall not apply to commodity futures contracts listed on a Futures
Exchange licensed under the Futures Market Act, 2016
(XIV
of 2016).”;
(j)
in clause (45), in the proviso, in paragraph (b), for the expression “;
and” at the end full stop shall be substituted and thereafter the paragraph
(c) shall be omitted;
(k)
in clause (45A),—
(i)
the expression “(a)” appearing for the first time shall be omitted;
(ii)
after sub-clause (v), before the proviso, the following
new explanation shall be inserted, namely:—
“Explanation.—For removal
of doubt, it is clarified that the relief of reduced rate for withholding tax under clause
(a) and (b) of sub- section
(1) of section
153 is available
only to the local sales, supplies
and services made by the taxpayers
of categories specified
at serial no (i) to
(v) of this clause:”;
and
(iii)
Sub-clause (b) shall be omitted;
![]()
(l)
after clause (45A), amended as aforesaid, the following
new clause shall be added, namely:—
“(45B) The provisions of section
153 shall not apply on the purchase
of used motor vehicles from general
public.”;
(m)
in clause (46AA),—
(a)
for sub-clause (iv), the
following shall be substituted,
namely:—
“(iv) subject to fulfillment of procedure
laid down in clause (12) of Part IV of Second Schedule, persons receiving payments
exclusively for the supply
of agriculture produce
including following—
(I)
fresh milk;
(II)
fish by any
person
engaged in fish farming;
(III)
live chicken,
birds and eggs
by any
person engaged in poultry farming;
(IV)
live animals
by any person engaged
in cattle farming;
(V)
unpackaged meat; and
(VI)
raw hides:
Provided
that this clause shall not apply to the payments for agriculture produce which has been subjected
to any process other than that which is ordinarily performed to render such produce to be fit to be taken to the market.”; and
(b)
for sub-clause (v), the following shall be substituted, namely:—
“(v) companies receiving
payments for the supply of electricity
and
gas including
companies
receiving payments
for the transmission of electricity and
gas.”;
(n)
in clause
(47B), the words “or a modaraba” and “or a Private
Equity and Venture
Capital Fund” shall be omitted;
(o)
in clause (56),—
(i)
after sub-clause (iii), the following
new sub-clause shall be inserted,
namely:—
“(iiia) Goods temporarily imported into Pakistan
by international athletes
which would be subsequently taken back by them within one hundred and twenty days of temporary import;”;
(ii)
after sub-clause
(xii), the
following new sub- clauses
shall be added, namely:—
“(xiii) Goods produced
or manufactured and
exported from Pakistan which are subsequently
imported in Pakistan within one year of their exportation, provided conditions of section
22 of the Customs Act, 1969 (IV of
1969) are complied with;
(xiv)
plant and machinery imported for setting
up of a bagasse/biomass based cogeneration power project qualifying for exemption
under clause (132C) of Part-I of this
Schedule.;
(xv)
persons authorized under Export
Facilitation Scheme
2021 notified by the Board with such scope, conditions, limitation, restrictions and specification of goods.;
(xvi)
motor vehicles
upto 1000cc in CBU condition;
(xvii)
Printed books excluding
brochures, leaflets and similar printed matter, whether or not in single sheets.(PCT
code 49.01);
(xviii)
Newspapers, journals
and periodicals, whether or not illustrated or containing advertising material
(PCT code 49.02); and
(xix)
blind talking
mobile phones imported by blind persons
as per rules issued by the Board (respective
PCT
headings) ;”
(p)
clause (57A) shall be omitted;
(q)
in clause (59), in para (ii), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”, the expression “Companies Act, 2017 (XIX of 2017)” shall be
substituted;
(r)
after clause
(60D), the following new clause shall be inserted,
namely:—
“(60DA) The provisions of section 148 shall not apply to the import
of the capital equipment as defined in section 2 of the Special
Technology Zones Ordinance
2020 (XIII of 2020) by—
(a)
zone developers as defined in section 2 of
the Special Technology Zones Ordinance
2020 for consumption in the special technology zones for the period of 10 years commencing from the date of signing
the development agreement;
(b)
zone enterprises as defined in section 2 of
the Special Technology Zones Authority Ordinance,
2020 for a period of ten years from the date of issuance
of license by the Special
Technology Zone Authority; and
(c)
Special Technology Zones Authority established under the Special Technology Zones
Ordinance 2020.”;
(s)
clauses (61) and
(72A) shall be omitted;
(t)
after the omitted
clause (79), the following new clause shall be inserted,
namely:—
“(79A) The provisions of clause (b) of sub-section (1) of section 153 shall not apply to payments received by National
Telecommunication Corporation against provision of telecommunication services including ancillary services specified in sub- section
(3) of section
41 of the Pakistan
Telecommunication (Re-organization) Act, 1996 (XVII of 1996).”;
(u)
in clause (91), in paragraph
(iv), after sub-paragraph (xvi), the following new sub-paragraphs shall be added, namely:—
“(xvii) Corn harvester/corn picker and silage maker with their respective PCT
heading”;
(v)
in clause 95, the expression “ 231A, 231AA,”
shall be omitted;
(w)
clauses (101), (101A) and (101AA)
shall be omitted;
(x)
in clause
(108), for the expression “113, 151,231A,231AA and 236P”, the expression “ 131 and 151” shall be substituted;
(y)
clause (109) shall be omitted;
(z)
after clause
(111A), the following
new clause shall be inserted, namely:—
“(111AB) The provisions of section 100BA and rule 1 of the Tenth Schedule
shall not apply to non-resident individual holding Pakistan Origin Card (POC) or National
ID Card for Overseas Pakistanis (NICOP) or Computerized National ID Card (CNIC) maintaining a Foreign
Currency Value Account (FCVA)
or Non-resident Pakistani Rupee
Value Account (NRVA) with authorized banks in Pakistan under the foreign exchange
regulations issued by the State
Bank of Pakistan.”;
(aa) clauses (112)
and
(112A) shall be
omitted;
(ab) for clause (114A),
the following clause shall be substituted, namely:—
“(114A) The provisions of clause (ae) of sub-section (1) of section
114 and section 181 shall not apply to a non-resident individual holding Pakistan Origin Card (POC) or National ID Card for Overseas Pakistanis (NICOP) or Computerized National ID Card (CNIC) maintaining a Foreign
Currency Value Account (FCVA) or a Non-resident Pakistani Rupee Value Account (NRVA) with authorized banks in Pakistan
under the foreign exchange regulations issued by the State Bank of Pakistan:
Provided that this
clause shall not apply if the person referred in this clause
has Pakistan-source taxable income other than the following; namely:—
(a)
profit on debt on FCVA or Non-resident Pakistani Rupee Value
Account (NRVA);
(b)
profit on debt earned on Government of Pakistan (GOP) securities
either conventional or Shariah
Compliant where investment has been made from proceeds
of FCVA or NRVA;
(c)
capital gain on disposal of immovable
property acquired from proceeds
of FCVA or NRVA;
(d)
capital gain on disposal of securities traded on Pakistan
Stock Exchange and units of mutual funds that are acquired from proceeds
of FCVA or NRVA; or
(e)
dividend income from securities traded on Pakistan
Stock Exchange and mutual funds that are acquired
from proceeds of FCVA or NRVA.”;
(ac) in clause (116), the expression, “ ,231A,
231AA and 236P” shall be omitted;
(ad) clause (117) shall be
omitted; and
(ae) after clause (117), omitted
as aforesaid, the following new clauses
shall be added, namely:—
“(118) The provisions of withholding taxes contained in the Income Tax Ordinance, 2001 (XLIX of 2001) shall not apply to Islamic
Naya Pakistan Certificates Company Limited (INPCCL) as a recipient.
(119) The provisions of section 153(1)(a) shall
with effect from the first day of July, 2020 not apply to distributors, dealers, wholesalers and retailers
of locally manufactured mobile phone
devices as withholding agent.”;
(100)
in the Third Schedule,—
(a)
in Part I, in the Table, in the first column, against S. No. IV, entry (a) in the second column
shall be omitted; and
(b)
in Part II,—
(I)
in the heading, the expression “23A” shall be omitted; and
(II)
in paragraph
(2), the expression “section 23A and” shall be omitted;
(101)
in the Fifth Schedule, in Part II,
rule 4 shall be omitted;
(102)
in Seventh Schedule,—
(A)
in rule 6C,—
(i)
in sub-rule (1), for
the expression
“onwards”, the expression “ 2021” shall be substituted; and
(ii)
after sub-rule
(6), the following
new sub-rule shall be inserted,
namely:—
“(6A) For tax year
2022 onwards, the taxable
income attributable to investment in the Federal
Government securities shall be taxed at the rate of—
(i)
40% instead of rate
provided in Division II of Part I of the First schedule
if the assets
to deposit ratio as on last day of the tax year is upto 40%;
(ii)
37.5% instead of rate provided
in Division II of Part I of the First schedule
if the assets to deposit
ratio as on last day of the tax year exceeds
40% but does not exceed 50%; and
(iii)
at the rates provided
in Division II of Part I of the First schedule if assets to deposit ratio as
on last day of the tax year
exceeds 50%.”;
(B)
in rule 7C, for the expression “to 2021”, the expression “and onwards”
shall be substituted;
(103)
in the Eight Schedule, in rule (6), for the expression “Companies Ordinance, 1984 (XLVII of 1984)”,
the expression “Companies Act, 2017 (XIX of 2017)” shall be substituted;
(104)
in the Tenth Schedule, in rule 10, clauses (d), (f), (g), (h), (j), (m),
(r) and (s)
shall be omitted;
(105)
in the Eleventh Schedule,—
(a)
in rule 2, in sub-rule (2), in clause (b),—
(i)
for the word, “two”, the word “three” shall be substituted;
(ii)
for the first proviso, the following shall be substituted, namely:—
“Provided that in
case of existing
incomplete projects, the estimated
project life shall be treated
as four years maximum from tax year 2020 through tax year 2023 and the tax payable
shall be reduced
by the percentage of completion up to the last day of accounting period pertaining to tax year 2019 or tax year 2020 as declared in the registration
form.”; and
(iii)
second proviso shall be omitted;
(b)
in rule 3, in sub-rule (1),—
(i)
for the expression “31st day of December, 2020, the expression “31st day of December, 2021” shall be substituted; and
(ii)
in clause (a), in the proviso,
for the semi colon and the word “and”, a
colon shall be substituted and thereafter the following
new proviso shall be added, namely:—
“Provided further that where benefit of sub-section
(3) of section
100D is required to be claimed by builder
or developer, the project
shall be registered latest by 30th day of June, 2021; and”;
(c)
in rule 6, for the full stop at the end, a colon shall be substituted and thereafter the following
proviso shall be added, namely:—
“Provided that profits and gains accruing from such projects in excess of
ten times of tax paid under Rule
(2) shall be incorporated by paying tax at the rate of 20% on profits and
gains which are in excess of said
limit.”;
(d)
in rule 8, in clause (c), for the expression “31st day of December, 2020”, the expression “30th day of June, 2021” shall be substituted; and
(e)
in rule 9, in sub-rule (1), in clause (d), in sub-clause (ii), in the proviso, for the expression “31st day of December, 2020”, the expression “31st day of December, 2021” shall be substituted; and
(106)
after the Twelfth
Schedule, the following
new Schedules shall be added, namely:—
(See section
61)
|
S.
No. |
Name |
|
(1) |
(2) |
|
1. |
any Sports Board or
institution recognised by the Federal
Government for the purposes of promoting, controlling or regulating any sport
or game. |
|
2. |
The Citizens
Foundation. |
|
3. |
Fund for Promotion of Science and Technology in Pakistan. |
|
4. |
Fund for Retarded and Handicapped Children. |
|
5. |
National Trust Fund for
The Disabled. |
|
6. |
Fund for Development of Mazaar of Hazarat Burri Imam. |
|
|
|
|
S.
No. |
Name |
|
(1) |
(2) |
|
7. |
Rabita-e-lslami's Project for printing copies of the Holy Quran. |
|
8. |
Fatimid Foundation, Karachi. |
|
9. |
Al-Shifa Trust. |
|
10. |
Society for the Promotion of Engineering Sciences and Technology in Pakistan. |
|
11. |
Citizens-Police Liaison Committee, Central Reporting Cell, Sindh Governor House,
Karachi. |
|
12. |
ICIC Foundation. |
|
13. |
National Management Foundation. |
|
14. |
Endowment Fund of
the institutions of the Agha Khan Development Network (Pakistan listed in Schedule 1 of the Accord and Protocol, dated November 13, 1994,
executed between the Government of the Islamic Republic of Pakistan and Agha Khan Development
Network. |
|
15. |
Shaheed Zulfigar Ali Bhutto
Memorial Awards Society. |
|
16. |
Iqbal Memorial fund. |
|
17. |
Cancer Research Foundation of
Pakistan, Lahore. , |
|
18. |
Shaukat Khanum Memorial Trust,
Lahore. |
|
19. |
Christian Memorial Hospital, Sialkot. |
|
20. |
National Museums, National Libraries and Monuments or
institutions declared to be National Heritage
by the Federal Government. |
|
21. |
Mumtaz Bakhtawar Memorial Trust Hospital, Lahore. |
|
22. |
Kashmir Fund for Rehabilitation of
Kashmir Refugees and Freedom Fighters. |
|
23. |
Institutions of the Agha Khan Development Network (Pakistan) listed in Schedule 1
of the Accord
and Protocol, dated
November 13, 1994,
executed between
the Government of the Islamic
Republic of Pakistan and Agha Khan Development
Network. |
|
24. |
Azad Kashmir President's
Mujahid Fund,1972. |
|
25. |
National Institute of
Cardiovascular Diseases, (Pakistan) Karachi. |
|
26. |
Businessmen Hospital Trust, Lahore. |
|
27. |
Premier Trust Hospital, Mardan. |
|
28. |
Faisal Shaheed Memorial
Hospital Trust, Gujranwala. |
|
29. |
Khair-un-Nisa Hospital Foundation, Lahore. |
|
30. |
Sind and Balochistan Advocates' Benevolent Fund. |
|
31. |
Rashid Minhas Memorial Hospital Fund. |
|
32. |
Any relief or welfare fund established
by the Federal Government. |
|
33. |
Mohatta Palace Gallery Trust. |
|
34. |
Bagh-e-Quaid-e-Azam project, Karachi. |
|
35. |
Any amount
donated for Tameer-e-Karachi Fund. |
|
36. |
Pakistan Red Cres-cent Society. |
|
37. |
Sank of
Commerce and Credit International Foundation for Advancement of Science
and Technology. |
|
38. |
Federal Board of Revenue Foundation. |
|
39. |
The Indus
Hospital, Karachi. |
|
40. |
Pakistan Sweet Homes Angels and Fairies
Place. |
|
41. |
Al-Shifa Trust Eye
Hospital. |
|
42. |
Aziz Tabba
Foundation. |
|
43. |
Sindh Institute of Urology and Transplantation,SIUT
Trust and Society for the Welfare of SIUT. |
|
44. |
Sharif Trust. |
|
45. |
The Kidney
Centre Post Graduate Institute. |
|
46. |
Pakistan Disabled Foundation. |
|
47. |
Sardar Trust Eye Hospital, Lahore. |
|
48. |
Supreme Court of Pakistan — Diamer Bhasha & Mohmand Dams
— Fund. |
|
49. |
Layton Rahmatullah Benevolent Trust (LRBT). |
|
50. |
Akhuwat. |
|
|
|
|
S.
No. |
Name |
|
(1) |
(2) |
|
51. |
The Prime Minister's COVIE)-19 Pandemic Relief Fund-2020. |
|
52. |
Ghulam Ishaq Khan Institute
of Engineering Sciences and Technology (GIKI). |
|
53. |
Lahore University of Management Sciences. |
|
54. |
Dawat-e-Hadiya, Karachi. |
|
55. |
Baitussalam Welfare Trust. |
|
56. |
Patients' Aid Foundation. |
|
57. |
Alkhidmat Foundation. |
|
58. |
Alamqir Welfare Trust International. |
|
59. |
Prime Minister's Special Fund for
victims of terrorism. |
|
60. |
Chief Ministers(Punjab) Relief Fund
for Internally Displaced Persons (1DPs) of
KPK. |
|
61. |
Prime Ministers Flood
Relief Fund 2010 and Provincial Chief
Ministers Relief Funds for
victims of flood 2010. |
|
62. |
Waqf for
Research on Islamic History, Art and Culture, Istanbul. |
Provided that the Federal Government shall have
the power to add, amend or omit any entry in this
Schedule.”;
(See section 100E)
1.
Application.—These rules shall apply to small and medium
enterprises as defined
in Clause (59A) of Section 2 of the Ordinance.
2.
Registration.—Small and medium enterprise shall be required to register
with FBR on its Iris web portal or Small and Medium
Enterprises Development Authority on its SME registration portal (SMERP).
3.
Categories and tax rates.—There shall be following two categories
of
small and medium enterprises
and tax on their taxable
income shall be computed
at the tax rates given in the table below, namely:—
|
Sr. No. |
Category |
Turnover |
Rates |
|
(1) |
(2) |
(3) |
(4) |
|
1. |
Category-1 |
Where annual business turnover does not exceed Rupees 100
million |
7.5% of taxable
income |
|
2. |
Category-2 |
Where annual turnover exceeds Rupees 100 Million but does not exceed Rupees 250
Million |
15% of taxable
income |
![]()
4.
Option for Final Tax Regime.—(1) The small and medium enterprises may opt for taxation under final tax regime at the rates given
in the table below:
|
Sr. No. |
Category |
Turnover |
Rates |
|
(1) |
(2) |
(3) |
(4) |
|
1. |
Category-1 |
Where annual business turnover does not exceed Rupees 100 million |
0.25% of gross turnover |
|
2. |
Category-2 |
Where annual business turnover exceeds Rupees 100 million but
does not exceed
Rupees 250 million |
0.5% of gross turnover |
(2)
Option under sub-rule
(1) of this rule shall be exercised at the time of filing
of return of income and option once exercised shall be irrevocable
for
three tax years.
(3)
The provisions of section 177 and 214C shall not apply to SME who opts
for taxation under sub-rule (1)
of this rule.
5.
Audit.—(1) SMEs who opt for taxation
under normal law under rule 3 may be selected
for tax audit through risk based parametric computer ballot under section 214C of the Ordinance
if its tax to turnover ratio is below tax rates
given in rule 4 of these rules.
(2) The cases selected
under sub-rule (1) of this rule shall not exceed
5% of the total population of SMEs whose tax to turnover
ratio is below tax rates
given in rule 4 of these rules.
6.
Exports.—The export proceeds
of SMEs shall be subject to tax as per
rates prescribed in Rule (4)
under final tax regime.”;
7.
Exclusion from Minimum Tax on Turnover.—The provisions of section 113 of
the Ordinance shall not apply to
SMEs.
8.
Tax on
Supply of Goods.—The tax deductible under clause (a) of sub-section (1) of section
153 shall not be minimum tax where payments are
received on sale or supply
of goods by SMEs.
9.
Provisions of Ordinance to
apply.—The other provisions of
the Ordinance shall apply mutatis mutandis to the
SMEs.”.
8.
Amendments of the Federal Excise Act, 2005.—In the Federal Excise
Act, 2005, the following
further amendments
shall be made, namely:”
(1)
in section 4, in sub-section (4), for the full stop at the end, a colon shall be substituted and thereafter the following proviso
shall be added, namely:—
![]()
“Provided that the approval under this sub-section
shall not be required if revised
return is filed within sixty days of filing of the original return and either
the duty payable as per the revised return is more
than the amount paid
or the refund claimed
therein is less than the amount as claimed, under the return sought to be revised.”;
(2)
in section 14, after sub-section (3), the following new sub-section
(4) shall be added,
namely:–
“(4) The provision
of sub-section (2) shall mutatis mutandis apply regarding
assistance in collection and recovery
of duties in pursuance of a request from a foreign jurisdiction under a tax treaty,
a multilateral convention, and inter-governmental agreement or similar
agreement or mechanism
as the case may be.”;
(3)
after section
45A, the
following new section 45AA
shall
be inserted,
namely:—
“45AA. Licensing of brand name.—(1) Manufacturers of the specified goods shall be required
to obtain brand licence
for each brand or stock keeping
unit (SKU) in such manner as may be
prescribed by the Board.
(2) Any specified brand and SKU found to be sold without
obtaining a licence
from the Board shall be deemed counterfeit goods and liable to outright
confiscation and destruction in the prescribed manner and such destruction and confiscation shall be without
prejudice to any other penal action
which may be taken under this
Act.”;
(4)
in section 47A,—
(i)
in the title, after the word “information”, the words “or assistance in recovery
of duties” shall be inserted;
(ii)
after sub-section (1), the following
new sub-section (1A) shall be inserted,
namely:—
“(1A) Notwithstanding anything contained in this Act, the Board shall have power to share data or information including real time data videos, images received under the provisions of this Act with any other Ministry
or Division of
the Federal
Government or Provincial
Government, subject
to such limitations and conditions an may be specified by the Board.”; and
(iii)
after sub-section (2), the following
new sub-section (3) shall be
added, namely:—
“(3) The Federal
Government may enter into a bilateral
or multilateral convention, and inter-governmental agreement or similar
agreement or mechanism
for assistance in
the recovery of duties”;
(5)
in section 49, the existing sub-section shall be renumbered as sub- section
(1) and thereafter the following new sub-section shall be added, namely:—
“(2) The Board may authorize
and prescribe the manner in which fee and service charges collected under sub-section (1) shall be
expended.”;
(6)
in the First Schedule,—
(a)
in Table-1, in column (1),—
(i)
S. No. 1, 2, 57 and 58 and entries
relating thereto in columns (2),
(3) and (4) shall be omitted;
(ii)
after serial number 8b, the following
new serial numbers and entries
relating thereto in columns
(2), (3) and (4) shall be inserted, namely:—
|
8c. |
Tobacco mixture in an
electrically heated tobacco product by
whatever name called, intended for consumption by using a tobacco heating system without combustion |
2403.9990 |
Rupees five
thousand two
hundred per kg”; |
(iii)
against S. No. 55, in column (2), after the figure
“87.02”, the expression “and till the 30th day of June, 2026 electric
vehicles (4 wheelers)” shall be
inserted;
(iv)
against serial No. 55B,
in column (2),—
(a)
after the figure “87.02”, the expression “and till the 30th day
of June, 2026 electric vehicles
(4 wheelers)”
shall be inserted;
(b)
against sub-serial (a) in column (2), in column (4), for the expression “2.5%”, the expression “0%” shall be substituted;
(c)
against sub-serial (b) in column (2), in column (4), for the expression “5%”, the expression “2.5%” shall be substituted; and
(d)
against sub-serial (c) in column (2), in column (4), for the expression “7.5%”, the expression “5%” shall be substituted;
(v)
against serial
number 56, in column (3), for the figure “5502.0090”, the figure “5502.9090” shall be substituted;
(b)
in Table II,—
(i)
in the heading of column (2), for the word “Goods”,
the word “Services” shall be substituted;
(ii)
against serial
number 6, in column (4), for the word “seventeen”, the
word “sixteen” shall be substituted;
(iii)
after S. No. 6, in column (1) and entries relating
thereto in columns
(2), (3) and (4), the following new S. No. shall be added, namely:—
|
“6A. |
Following telecommunication services: (a) Mobile phone call, if call duration exceeds five minutes; |
Respective sub- heading of 98.12 |
Seventy five paisa per
call in addition to the rates of duty specified under Serial No.6 |
(iv)
against serial
number 8, in column (2), after the word “companies” occurring for the first time, the words “excluding Merchant Discount Rate (MDR) for accepting digital payment”
shall be inserted;
(7)
in the Second
Schedule, S. No. 1, 2 and 4 in column (1) and entries
relating thereto in columns
(2) and (3) shall be omitted;
and
(8)
in the Third Schedule,
in Table-I, after S. No. 23, in column (1), the following
new S. Nos. and entries
relating thereto in columns
(2) and (3) shall be added, namely:—
![]()
|
|
|
|
|
“24. |
The following goods, when supplied within the limits of the Border
Sustenance Markets, established in cooperation with Iran and
Afghanistan: |
|
|
|
(i) Animal Fats
and
Oil and their fractions |
1516.1000 |
|
|
(ii) Vegetable Fats and their fractions |
1516.2010 |
|
|
(iii) Vegetable Oils and their fractions |
1516.2020 |
|
|
Provided that, such items in case of import, shall be allowed
clearance by the Customs Authorities subject to furnishing of bank guarantee equal to the amount of duty involved and the same shall be released after presentation of consumption certificate issued by
the Commissioner Inland Revenue
having jurisdiction: Provided further that, the said exemption shall only be available to a person upon
furnishing proof
of having a functional business premises located within limits of the Border
Sustenance Markets. |
|
|
25. |
Import and supply
of raw materials, components, parts and plant
and machinery by registered persons authorized under Export Facilitation Scheme, 2021 notified by the Board with such conditions, limitations and restrictions.” |
Respective headings |
(9) Fourth
Schedule shall be omitted;
9.
Amendment of the Public Finance Management Act, 2019.- In the Public Finance Management Act, 2019 (V of 2019), in section 30, after sub-section (2), the following new sub-section (3), shall be inserted,
namely:—
“(3) The Finance Division
shall exempt “Self Accounting Entities (SAEs)” from adoption of New Accounting System of ASSAAN
Assignment Account.
[see section
3(35)]
In the Customs Act, 1969 (IV of 1969), in the First Schedule,
for the corresponding entries against “PCT Code”, "Description" and "CD%" specified in columns
(1), (2), (3) and (4) appearing
in chapter 1 to 99, the following corresponding entries relating to “PCT Code”,
"Description" and
"CD%" shall be
substituted, namely:—
|
“2106.9030 |
|
-
- - Flavouring powders
for preparation of food |
11 |
|
|
|
-
- - Rock salt: |
|
|
2501.0021 |
|
- - - - Himalayan
rock salt |
20 |
|
2501.0029 |
|
-
- - - Other |
20 |
|
2502.0000 |
|
Unroasted iron pyrites. |
0 |
|
2503.0000 |
|
Sulphur of
all kinds, other than
sublimed sulphur, precipitated
sulphur and colloidal
sulphur. |
0 |
|
2504.9000 |
|
-
Other |
0 |
|
2505.9000 |
|
- Other |
0 |
|
2508.1000 |
|
-
Bentonite |
0 |
|
2509.0000 |
|
Chalk. |
0 |
|
2510.1000 |
|
- Unground |
0 |
|
2510.2000 |
|
-
Ground |
0 |
|
2513.2020 |
|
-
- - Garnet natural |
0 |
|
2517.1000 |
|
- Pebbles, gravel, broken or crushed stone, of a kind
commonly used for concrete aggregates, for road
metalling or for railway or other
ballast, shingle
and flint, whether
or not heat- treated |
0 |
|
2519.1000 |
|
-
Natural magnesium carbonate (magnesite) |
0 |
|
2519.9090 |
|
-
- - Other |
0 |
|
2520.1010 |
|
- - - Gypsum |
0 |
|
2520.1020 |
|
-
- - Anhydrite |
0 |
|
2524.9000 |
|
-
Other |
11 |
|
2525.1000 |
|
- Crude mica
and mica rifted into sheets or splittings |
0 |
|
2525.2000 |
|
-
Mica powder |
0 |
|
2525.3000 |
|
-
Mica waste |
0 |
|
2528.0000 |
|
Natural borates and concentrates thereof (whether or not calcined), but not including borates separated
from natural brine;
natural boric acid
containing not more
than 85 % of H3BO3 calculated on the dry weight. |
0 |
|
2529.2100 |
|
-
- Containing by weight
97 % or less of calcium fluoride |
0 |
|
2529.2200 |
|
-
- Containing by weight
more than 97 % of calcium fluoride |
0 |
|
2529.3000 |
|
- Leucite; nepheline and nepheline
syenite |
0 |
|
2530.1000 |
|
-
Vermiculite, perlite and chlorites,
unexpanded |
0 |
|
2530.2000 |
|
-
Kieserite, epsomite (natural magnesium sulphates) |
0 |
|
2530.9010 |
|
- - - Natural manganese dioxide |
0 |
|
2530.9020 |
|
-
- - Zirconium silicate |
0 |
|
2530.9030 |
|
-
- - Earth colours |
0 |
|
2530.9090 |
|
- - - Other |
3 |
|
2619.0000 |
|
Slag, dross (other than granulated
slag), scalings and other waste from
the manufacture of iron or
steel. |
0 |
|
2706.0090 |
|
-
- - Other |
3 |
|
2707.9100 |
|
-
- Creosote oils |
3 |
|
2710.1210 |
|
-
- - Motor spirit |
11 |
|
2710.1240 |
|
-
- - White spirit |
0 |
|
2710.1250 |
|
-
- - Solvent oil (non-composite) |
11 |
|
|
|
|
|
|
2712.2000 |
|
- Paraffin wax containing by weight
less than 0.75 % of oil |
0 |
|
2714.9000 |
|
- Other |
0 |
|
2801.2000 |
|
- Iodine |
0 |
|
2801.3000 |
|
- Fluorine; bromine |
0 |
|
2803.0090 |
|
- - - Other |
16 |
|
2804.1000 |
|
- Hydrogen |
3 |
|
2804.5000 |
|
- Boron; tellurium |
0 |
|
2804.6100 |
|
- - Containing
by weight not less than
99.99 % of silicon |
0 |
|
2804.6900 |
|
- - Other |
0 |
|
2804.7000 |
|
- Phosphorus |
0 |
|
2804.8000 |
|
- Arsenic |
0 |
|
2804.9000 |
|
- Selenium |
0 |
|
2806.2000 |
|
- Chlorosulphuric acid |
3 |
|
2810.0010 |
|
- - - Oxides
of boron |
3 |
|
2810.0020 |
|
- - - Boric
acid |
3 |
|
2811.1100 |
|
- - Hydrogen
fluoride (hydrofluoride acid) |
0 |
|
2811.1200 |
|
- - Hydrogen
cyanide (hydrocyanic acid) |
0 |
|
2811.1920 |
|
- - - Phosphorous acid hypo phosphoric acid |
0 |
|
2811.1990 |
|
- - - Other |
0 |
|
2811.2910 |
|
- - - Sulphurous acid gas |
0 |
|
2811.2990 |
|
- - - Other |
0 |
|
2812.1100 |
|
- - Carbonyl
dichloride (phosgene) |
0 |
|
2812.1200 |
|
- - Phosphorus oxychloride |
0 |
|
2812.1300 |
|
- - Phosphorus trichloride; |
0 |
|
2812.1400 |
|
- - Phosphorus pentachloride |
0 |
|
2812.1500 |
|
- - Sulphur monochloride |
0 |
|
2812.1600 |
|
- - Sulphur dichloride |
0 |
|
2812.1700 |
|
- - Thionyl
chloride |
0 |
|
2812.1910 |
|
- - - Arsenic
trichloride |
0 |
|
2812.1990 |
|
- - - Other |
0 |
|
2812.9000 |
|
- Other |
0 |
|
2813.1000 |
|
- Carbon
disulphide |
0 |
|
2813.9000 |
|
- Other |
0 |
|
2815.2000 |
|
- Potassium hydroxide (caustic potash) |
0 |
|
2815.3000 |
|
- Peroxides of sodium
or potassium |
0 |
|
2816.1010 |
|
- - - Magnesium hydroxide |
0 |
|
2816.1090 |
|
- - - Other |
0 |
|
2816.4000 |
|
- Oxides,
hydroxides and peroxides of strontium or barium |
0 |
|
2821.1020 |
|
- - - Iron
hydroxides |
0 |
|
2821.2000 |
|
- Earth colours |
0 |
|
2827.3200 |
|
- - Of aluminium |
0 |
|
2827.4100 |
|
- - Of copper |
0 |
|
2827.4900 |
|
- - Other |
0 |
|
2827.5100 |
|
- - Bromides of sodium or of potassium |
0 |
|
2827.5900 |
|
- - Other |
0 |
|
2827.6000 |
|
- Iodides
and iodide oxides |
0 |
|
2833.1100 |
|
- - Disodium
sulphate |
11 |
|
2833.2500 |
|
- - Of copper |
0 |
|
2833.2700 |
|
- - Of barium |
0 |
|
2833.2940 |
|
- - - Of zinc |
0 |
|
2833.2990 |
|
- - - Other |
0 |
|
2835.3900 |
|
- - Other |
0 |
|
2836.9930 |
|
- - - Bicarbonate of ammonium |
0 |
|
2837.1100 |
|
- - Of sodium |
0 |
|
|
|
|
|
|
2844.1000 |
|
- Natural uranium and its compounds; alloys, dispersions (including cermets), ceramic products and mixtures containing
natural uranium or natural
uranium compounds |
0 |
|
2844.2000 |
|
- Uranium enriched in U 235 and
its compounds; plutonium
and its compounds; alloys, dispersions (including cermets), ceramic products and mixtures containing
uranium enriched in U 235, plutonium or compounds of these
products |
0 |
|
2844.3000 |
|
- Uranium
depleted in U 235 and its compounds; thorium and
its compounds; alloys, dispersions (including cermets), ceramic products and mixtures containing uranium
depleted in U 235, thorium
or compounds of these products |
0 |
|
2844.4000 |
|
- Radioactive
elements and isotopes and compounds other than
those of subheading 2844.10, 2844.20 or 2844.30; alloys, dispersions (including cermets), ceramic products and mixtures containing
these elements, isotopes or compounds; radioactive residues |
0 |
|
2844.5000 |
|
-
Spent (irradiated) fuel
elements (cartridges) of nuclear
reactors |
0 |
|
2845.1000 |
|
- Heavy
water (deuterium oxide) |
0 |
|
2845.9000 |
|
-
Other |
0 |
|
2901.1010 |
|
-
- - Butane, pentane and
hexane |
0 |
|
2901.1090 |
|
-
- - Other |
0 |
|
2901.2200 |
|
-
- Propene (propylene) |
0 |
|
2901.2910 |
|
-
- - Heptenes |
0 |
|
2901.2990 |
|
-
- - Other |
0 |
|
2902.1100 |
|
-
- Cyclohexane |
0 |
|
2902.1920 |
|
-
- - Limonene(Dipentene) |
0 |
|
2902.1990 |
|
-
- - Other |
0 |
|
2902.2000 |
|
-
Benzene |
0 |
|
2902.3000 |
|
-
Toluene |
0 |
|
2902.4200 |
|
-
- m-Xylene |
0 |
|
2902.4300 |
|
-
- p-Xylene |
0 |
|
2902.4400 |
|
-
- Mixed xylene isomers |
0 |
|
2902.5000 |
|
-
Styrene |
0 |
|
2902.6000 |
|
-
Ethylbenzene |
0 |
|
2902.7000 |
|
-
Cumene |
0 |
|
2902.9010 |
|
-
- - Naphthalene |
0 |
|
2902.9090 |
|
-
- - Other |
0 |
|
2903.9200 |
|
- - Hexachlorobenzene (ISO)
and DDT (ISO)
(clofenotane (INN),
1,1,1- trichloro-2,2-bis(p-chlorophenyl)ethane) |
0 |
|
2904.1010 |
|
- - - Benzene sulphonic acid |
0 |
|
2904.3600 |
|
-
- Perfluorooctane sulphonyl
fluoride |
0 |
|
2911.0000 |
|
Acetals and hemiacetals, whether or
not with other
oxygen function, and their
halogenated, sulphonated, nitrated or nitrosated derivatives. |
0 |
|
2915.2100 |
|
-
- Acetic acid |
0 |
|
2915.2400 |
|
-
- Acetic anhydride |
3 |
|
2915.3920 |
|
-
- - Amyl acetate |
0 |
|
2915.4000 |
|
-
Mono- , di- or trichloroacetic acids, their salts and esters |
0 |
|
2915.5000 |
|
-
Propionic acid, its salts and esters |
0 |
|
2915.6010 |
|
-
- - Butyric acid |
0 |
|
2915.6020 |
|
-
- - Salts and ester of butyric
acid |
0 |
|
2915.6030 |
|
-
- - Salts and ester of valeric
acid |
0 |
|
2915.6090 |
|
- - - Other |
0 |
|
2915.7090 |
|
-
- - Other |
0 |
|
2915.9000 |
|
-
Other |
0 |
|
2916.1600 |
|
-
- Binapacryl
(ISO) |
3 |
|
2916.3990 |
|
-
- - Other |
3 |
|
2917.1110 |
|
-
- - Oxalic acid |
0 |
|
2918.2290 |
|
-
- - Other |
3 |
|
|
|
|
|
|
2918.2900 |
|
-
- Other |
3 |
|
2921.4510 |
|
-
- - Sodium naphthionate |
0 |
|
2923.1000 |
|
- Choline
and its salts |
0 |
|
2923.2000 |
|
-
Lecithins and other phosphoaminolipids |
0 |
|
2923.3000 |
|
-Tetraethylammonium perfluorooctane sulphonate |
0 |
|
2923.4000 |
|
- Didecyldimethylammonium perfluorooctane
sulphonate |
0 |
|
2923.9010 |
|
-
- - Betaine |
0 |
|
2923.9090 |
|
-
- - Other |
0 |
|
2929.9020 |
|
-
- - N,N-Dialkyl(methyl, ethyl, n-propyl, or isopropyl) phosphoramidic dihalides |
0 |
|
2929.9030 |
|
- - - Dialkyl(methyl, ethyl, n-propyl
or isopropyl)N,N-dialkyl (methyl, ethyl, n-propyl
or isopropyl)phosphoramidates |
0 |
|
2929.9090 |
|
-
- - Other |
0 |
|
2931.3920 |
|
-
- - O-Alkyl ( < C10,
including cycloalkyl)N,N-dialkyl (methyl, ethyl, n-propyl or isopropyl) phosphoramidocyanidates |
0 |
|
2933.4100 |
|
- - Levorphanol
(INN) and its salts |
0 |
|
2933.7990 |
|
-
- - Other |
0 |
|
2933.9100 |
|
- - Alprazolam (INN), camazepam (INN),
chlordiazepoxide (INN),
clonazepam (INN),
clorazepate, delorazepam
(INN), diazepam (INN),
estazolam (INN),
ethyl loflazepate (INN),
fludiazepam (INN),
flunitrazepam (INN), flurazepam
(INN), halazepam (INN),
lorazepam (INN), lormetazepam
(INN), mazindol (INN), medazepam (INN), midazolam (INN), nimetazepam (INN), nitrazepam (INN), nordazepam (INN), oxazepam (INN), pinazepam (INN), prazepam (INN), pyrovalerone (INN), temazepam (INN), tetrazepam
(INN) and triazolam (INN);salts thereof |
0 |
|
2933.9200 |
|
-
- Azinphos-methyl (ISO) |
0 |
|
2934.1090 |
|
-
- - Other |
0 |
|
2935.1000 |
|
- N-Methylperfluorooctane sulphonamide |
0 |
|
2935.2000 |
|
-
N-Ethylperfluorooctane sulphonamide |
0 |
|
2935.3000 |
|
-
N-Ethyl-N-(2-hydroxyethyl) perfluorooctane
sulphonamide |
0 |
|
2935.4000 |
|
- N-(2-Hydroxyethyl)-N-methylperfluorooctane
sulphonamide |
0 |
|
2935.5000 |
|
-
Other perfluorooctane sulphonamides |
0 |
|
2939.6900 |
|
-
- Other |
0 |
|
2939.7900 |
|
- - Other |
0 |
|
2939.8090 |
|
-
- - Other |
0 |
|
2940.0000 |
|
Sugars, chemically pure, other than sucrose, lactose, maltose, glucose and fructose; sugar ethers, sugar acetals and sugar esters, and
their salts, other than
products of heading 29. 37, 29. 38
or 29.39. |
3 |
|
2941.3000 |
|
- Tetracyclines and their
derivatives; salts
thereof |
3 |
|
2941.4000 |
|
-
Chloramphenicol and its derivatives; salts thereof |
3 |
|
2941.9020 |
|
-
- - Gramicid trycidine |
0 |
|
2941.9030 |
|
- - - Thricin |
0 |
|
2941.9070 |
|
-
- - Ingredients for pesticides |
0 |
|
2942.0000 |
|
Other organic compounds. |
0 |
|
3002.2090 |
|
- - - Other |
0 |
|
3002.3000 |
|
-
Vaccines for veterinary medicine |
0 |
|
3002.9030 |
|
-
- - Saxitoxin |
3 |
|
3002.9040 |
|
- - - Ricin |
3 |
|
3005.1010 |
|
-
- - Surgical tape in jumbo
rolls |
11 |
|
3005.1090 |
|
-
- - Other |
11 |
|
3005.9090 |
|
- - - Other |
11 |
|
3006.1090 |
|
-
- - Other |
3 |
|
3102.5010 |
|
-
- - Crude |
0 |
|
3105.5100 |
|
- - Containing
nitrates and phosphates |
0 |