Updated: Saturday July 10, 2021/AsSabt Thoul Hijjah 01, 1442/Sanivara Asadha 19, 1943, at 09:19:28 PM
1The Punjab Finance
Act, 2021
(XIX of 2021)
[30th June 2021]
An Act
to levy,
alter and rationalize certain taxes and duties in
Province of the Punjab.
It is necessary
in public interest to levy, alter and rationalize certain taxes and duties in the
Punjab; and,
to
deal with ancillary matters.
Be it enacted by Provincial
Assembly of the Punjab
as follows:---
1.
Short title, extent and commencement.─ (1) This Act may be cited as the Punjab
Finance Act 2021.
(2)
This Act extends to whole
of the
Punjab.
(3)
This Act shall come into force on the first
day
of July 2021.
2.
Repeal of Act X of 1958.─ The Punjab Entertainments Duty Act, 1958 (X of 1958) is hereby repealed.
3.
Amendment of Act XXXII of 1958.─ In the Punjab Motor Vehicles
Taxation Act, 1958 (XXXII of 1958), in the Schedule, in entry at Sr. No. 4, for the Explanation, the following shall be substituted:
“Explanation.- An exemption
at the rate of 75 percent in motor vehicle
tax in respect of electric
vehicles shall be granted
till 30.06.2022.”.
4.
Amendment of Act XV of 1977.─ In Punjab Finance Act, 1977 (XV of 1977), in Second Schedule:
(a)
for entry at Sr.
No.3, the following shall be substituted:
Sr. No. |
Class
of Persons |
Rate of tax per annum (rupees) |
“3 |
(i)
Persons other
than companies owning commercial establishments having
10 or more employees (a)
Within metropolitan and municipal
corporation limits |
|
6,000/- |
||
(b)
Others |
4,000/- |
|
(ii) All other commercial establishments other than wholesalers and retailers |
2,000/-” |
1This Act was passed by Provincial Assembly of the Punjab on 25 June 2021; assented
to by the Governor of the
Punjab on 30 June
2021; and, was published
in the
Punjab Gazette (Extraordinary), dated: 30 June
2021, pp.10047-10050.
(b)
in entry at Sr. No. 6, in category
(vii), in subcategory (d), for the words “Motor
Car” the words “Motor Vehicle” shall be substituted; and
(c)
after entry at
Sr.No.10, the following entry shall be inserted
at Sr.No.11;
Sr. No. |
Class
of Persons |
Rate of tax per annum (rupees) |
“11 |
Persons who are engaged in a profession, trade, calling or employment who were assessed to pay income tax during the preceding financial years”. |
200/-” |
5.
Amendment of Act XLII of 2012.─ In the Punjab Sales Tax on Services Act 2012 (XLII
of 2012):
(a)
in section 2:
(i)
clauses (1) and (1A) shall be renumbered as (1A) and (1B) respectively, and before
clause (1A) as renumbered, the following
clause (1) shall be added:
“(1) “active taxpayer” means a
registered person:
|
(i) |
whose registration
has not
been suspended
or blacklisted by the
Authority; and |
(ii) |
who has filed his
tax return for at least one of the preceding three consecutive
tax periods;” |
|
(ii) |
in
clause |
(11), in sub-clause
(a),
for
the expression
“the |
Companies Ordinance, 1984 (XLVII of 1984)”, the expression “the Companies
Act, 2017 (XIX of 2017)” shall be
substituted;
(iii) after clause (41), the following clause (41A) shall
be inserted: “(41A) “Standard Rate”
means sixteen percent”;
(b) after section 10, the following section 10A shall be inserted:---
“10A. Option to charge tax at standard rate.─ (1) Where any service or class of services
is chargeable at a reduced
rate under the Second Schedule, any person
or class of persons providing such service
or services may, with the permission of the Authority, opt to charge sales tax at the standard
rate subject to such conditions, restrictions and limitations as may be specified
by the Authority.
(2)
The permission granted under
subsection (1) shall be irrevocable
except with the permission of the Authority.
(3)
Where the Authority has reasons
to believe that the taxpayer
has misused the option,
the Authority may withdraw
the permission granted under subsection
(1) at any time after affording
an opportunity of being heard.”;
(c)
in section 48:
(i)
in entry at S. No. 20, in column 4, for the expression “59A”, the expression 59B
shall be substituted;
(ii)
after entry at
S. No. 20, the following entry 21 shall be added:
Sr.No. |
Offence |
Penalty |
Section |
“21 |
Where a registered person charges
sales tax in excess to the rate provided in the Second
Schedule |
Such person shall be liable
to pay a penalty
of rupees ten thousand per invoice
or ten percent of the invoice amount, whichever is higher |
10”; |
(d)
in section 59, in sub-sections (1) and (2), after the word “provision”, the words “and receipt” shall be inserted;
(e)
in section 65,
sub-sections (7) and (8) shall
be omitted.
(f)
in the Second Schedule:
(i)
in entry at S.No.7,
in column (4), after category
(a), the following category (aa) shall be inserted:
“(aa) Five percent for insurance agents and insurance brokers”;
(ii)
in entry at Sr.No.11, in column (4), in category (a), after the words “credit cards” the expression“, mobile wallets or QR scanning”
shall be inserted;
(iii)
in entry at Sr.No.40, in column (4), in category (a), after the words “agricultural produce”
the words “and home chefs” shall be
inserted;
(iv)
in entry at Sr.No.41,
in column (4), for the words “Nineteen and a
half” the word “Sixteen” shall be substituted;
(v)
in entry at Sr.No.48,
in column (2), the expression “inter-city” shall be omitted;
(vi)
in entries at Sr. No. 18, 33, 34, 44, 50, 61, 64 and 65, in column (4), for the
existing categories, the following
shall be substituted:
“Five percent without input tax adjustment”
(vii)
after entry at Sr.No.69, the following entry shall be added at Sr. No 70:
Sr. No |
Description |
Classification, if applicable |
Rate of Tax |
(1) |
(2) |
(3) |
(4) |
“70 |
Entertainment services (including
cinemas, theatres, concerts, circus, sports events,
races, film, fashion |
- |
Zero percent without input tax
adjustment” |
|
shows and mobile
stage shows) |
|
|
6.
Amendment of Act XXX of 2015.─ In the Punjab Infrastructure Development Cess Act 2015 (XXX of 2015),
in section 6, in subsection (1):
(a)
for the word “and” appearing
for the second
time, a comma shall be substituted;
and
(b)
after the word “Punjab” appearing for the second time, the expression “, and the goods exempted by the Federal Government from payment of duties and taxes for import”
shall be inserted.
7.
Special
relaxations for financial year 2021-22.─ (1) Notwithstanding anything contained in sections 3 and 12 of the Punjab Urban Immovable
Property Tax Act, 1958
(V of
1958), for the financial year 2021-22:
(a)
discount equal to five percent of the tax being paid shall be allowed on payment
of tax through e-payment
system;
(b)
the tax shall be paid on yearly basis or half yearly basis as the assessee
may choose or the such later date as the Government may by notification determine, and
(c)
for financial year 2021-22, the tax shall be collected
as follows:
(i)
in first quarter with five percent rebate in the amount of annual
tax;
(ii)
in second quarter, the amount of annual tax without any rebate;
and
(iii)
in third and fourth quarters, the amount
of annual tax with one percent
surcharge per month on the
gross payable tax.
(2)
Notwithstanding anything
contained in sections 3 and 9 of the Punjab
Motor Vehicle Taxation Act,
1958 (XXXII of 1958), for
the financial year 2021-22:
(a)
discount equal to five percent of the tax being paid shall be allowed on payment
of tax through
e-payment system;
(b)
for financial year 2021-22, the tax shall be collected
as follows:
(i)
in first quarter
with ten percent rebate in the amount
of annual tax;
(ii)
in second quarter, the amount of annual tax without any rebate;
and
(iii)
in third and fourth quarters, the amount of annual tax with such penalty
as may be determined
under section 9.
(3)
This section
shall remain in force till 30th
day
of June 2022.
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