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48A. Conditions
and procedure for approval of private industrial estates for purposes of clause (122A) of
Part I of the Second Schedule.- (1) The following are the conditions which are
required to be fulfilled by a company formed for the purposes of the setting up, and
management of, an industrial estate referred to in clause (122A) of Part I of the Second
Schedule to the Ordinance, namely:-
(i) The industrial estate is located anywhere in the territories of Pakistan excluding
Talukas of Karachi and Hyderabad, the Tehsils of Faisalabad and Lahore, and such adjoining
areas of Lahore Tehsil as may be notified for purposes of the exclusion under section 48
of the Ordinance.
(ii) The applicant has a clear title to the land proposed to be used for setting up the
industrial estate.
(iii) Arrangements for adequate basic infrastructure including roads, electricity, power,
telephone, telex, post and telegraph, gas (wherever feasible), water, sewerage and
disposal of industrial wastes have been taken in hand.
(iv) The area of the industrial estate is not less than 50 acres or more than 300 acres
and it contains plots for a minimum of 35 independent industrial units.
(v) The industrial estate is open to all persons for setting up industrial units.
(vi) No plot in the industrial estate is used for any purpose other than that of setting
upon an industrial unit except such areas as are to be utilised as amenity/commercial
zones for specific use of the estate.
(vii) The layout plan of the industrial estate has the prior approval of the Provincial
Departments dealing with housing and physical planning or of the Federal agency concerned.
(2) Any company fulfilling the conditions set out in sub-rule (1) and desiring approval in
terms of clause (122A) of Part I of the Second Schedule to the Ordinance, may apply to the
Central Board of Revenue in the Form annexed hereto.
(3) The application referred to in sub-rule (2) shall be signed by the Principal Officer
of the company and shall be accompanied by the following documents, namely:-
(i) Evidence of the applicant's title to the land proposed to be used for purposes of the
industrial estate.
(ii) A map of the industrial estate.
(iii) Evidence of the approval of the layout plan of the industrial estate by the
Provincial Department or Federal agency concerned.
(iv) Evidence of arrangement for infrastructure referred to in paragraph
(iii) of sub-rule (1).
(4) On receipt of an application under sub-rule (2) the Board may make such enquiries or
call for such further information as it may be deem necessary and may also consult the
Provincial Department or Federal agency concerned.
(5) If the Board is satisfied that the company should be declared as an approved company
within the meaning of this rule, it shall issue a declaration to that effect and notify
the fact in the official Gazette and to the company.
FORM
[See sub-rule (2)]
Application for approval of private
industrial estate named as...................................................
(give name)
To,
The Secretary (Income-tax),
Central Board of Revenue,
Islamabad.
Dear sir,
We wish to inform that an industrial estate named............................ has been
established by M/s............................... situated in tehsil/taluka
.............district ...........with effect from....................
(date)…………………..
The aforesaid industrial estate has an approved area measuring ........and is identified
in the map of the industrial estate attached to this application.
It is certified that-
(a) the industrial estate is set up under a scheme approved by the Government of.
............... Province/or .................(Federal Agency), and that the arrangements
for the establishment of the industrial estate have been finalized in accordance with the
feasibility report prepared by M/s..........
(b) the estimated total cost of the industrial estate is Rs .......and the sponsors M/s
...................... have made the financing arrangements in accordance with the
following time schedule:-
...............………………………………............................................................
(c) the industrial estate is equipped with, or provisions have been made in the approved
scheme of the industrial estate for,-
(i) road connections within the industrial estate;
(ii) road connections between the industrial estate and the main road;
(iii) adequate water supply and pipelines for water connections within the industrial
estate;
(iv) adequate sewerage facilities and disposal of industrial waste;
(v) adequate electric power, natural gas supply needed for industries in the industrial
estate; and
(vi) adequate telephone, telex and post office facilities; and
(d) the prescribed documents are attached to this application.
It is requested that the industrial estate named ....……
........... may please be accorded approval for the purposes of clause (122A) of Part I of
the Second Schedule to the Income Tax Ordinance, 1979.
Yours faithfully,
.................
Managing Director/Secretary/or Director of the Company.
48B. Procedure for approval of an industrial undertaking for the
purpose of clause (118B) of Part I of the Second Schedule to the Ordinance.-
(1) A company seeking approval of an industrial undertaking owned by it for purposes of
clause (118B) of Part I of the second schedule to the Ordinance shall make an application
to the Board in the Form annexed hereto.
(2) The application referred to in sub-rule (1) shall be accompanied by the following
documents, namely:-
(i) a copy of Memorandum and Articles of Association of the company;
(ii) a copy of the Certificate of Incorporation of the company;
(iii) a certificate signed by the Managing Director of the company to the effect that the
industrial undertaking is not formed by splitting up, or the reconstruction or
reconstitution of, a business already in existence or by transfer to the industrial
undertaking of any machinery or plant used in Pakistan at any time before the setting up
of the industrial undertaking;
(iv) a certificate from the Managing Director of the company to the effect that no part or
unit of the industrial undertaking is set up, or will be set up, in the Province of
Baluchistan, (excluding Hubs chowki area), the North West Frontier Province, the Federally
Administered Tribal Areas, the Northern Areas or Azad Jammu and Kashmir;
(v) an undertaking from the Managing Director of the company to the effect that the
industrial undertaking manufactures or will manufacture, only such goods or materials as
are specified in the application for approval and that no other goods or materials shall
be manufactured during the period of tax exemption;
(vi) an undertaking from the Managing Director of the company to the effect that apart
from manufacture of goods or materials * be conducted by the company during the period of tax exemption;
(vii) an undertaking from the Managing Director of the company that no amendment or
alteration in the Memorandum or Articles of the Association submitted with the application
for approval shall be made during the period of tax exemption; and
(viii) an undertaking from the Managing Director of the company that the decision of the
Board on the application for approval of the industrial undertaking shall be final and
binding on the company.
(3) The Board may call for such additional information, particulars certificates or
documents from the company as it may deem proper, or may make, or cause to be made, such
enquiries as it may consider necessary for processing the application referred to in
sub-rule (1).
(4) The Board may, at any time, withdraw the approval earlier granted if it is satisfied
that,-
(i) the company had furnished any inaccurate or wrong particulars or information or had
furnished any false document or certificate or had concealed any material information or
particulars; and
(ii) the company has violated any of the terms of any certificate or undertaking specified
in clauses (iii), (iv), (v), (vi), and (vii) of sub-rule (2).
FORM OF APPLICATION FOR APPROVAL UNDER CLAUSE (118B) OF THE SECOND
SCHEDULE TO THE INCOME TAX ORDINANCE, 1979
To,
Chief (Direct Tax Operations),
Central Board of Revenue,
Islamabad.
SUBJECT: APPROVAL OF..............................................
(Name of industrial undertaking)
UNDER CLAUSE (118B) OF PART I OF THE SECOND SCHEDULE TO THE INCOME
TAX ORDINANCE, 1979.
I, the undersigned, hereby apply, on behalf of ............. (Name of the Company) for
approval of........................ (Name of the industrial undertaking)located
at.................... give exact location for purposes of clause (118B) of the Second
Schedule to the Income Tax Ordinance, 1979.
2. Necessary particulars are set out below and in the schedule to this application.
3. The documents, certificates and undertakings as required under sub-rule (2) of rule 48B
of the Income Tax Rules, 1982, are annexed to this application ......................
Date .................. |
Signature............... |
Place ................. |
Name.....................
|
Designation: |
Managing Director. |
Schedule
| 1. Name of the Company and address of the registered offices. | ___________ |
| 2. Location of the industrial undertaking (Give exact location with name of tehsil, district and province). | ___________ |
| 3. Date of setting up of the industrial undertaking (See Note 1). | ___________ |
| 4. Date of commencement of commercial production (See Note 2). | ___________ |
| 5. Goods or material manufactured, or to be manufactured.(See Note 3). | ___________ |
| 5. Goods or material manufactured, or to be manufactured.(See Note 3). | ___________ |
| 6. Raw material, produced in Pakistan, used, or to be used, in the manufacture of goods or material specified at serial No. 5 above. (See Note 4). | ___________ |
| 7. Imported raw material used, or to be used, in the manufacture of goods or material specified at serial No. 5, above. (See Note 4.) | ___________ |
| 8. Percentage of raw material produced in Pakistan, in the total consumption of raw material used, or to be used in the manufacture of goods at serial No. 5 (See Note 4). | ___________ |
| 9. The form of energy used, or to be used, by the industrial undertaking (Specify the type of energy e.g. electrical energy or other form of energy). | ___________ |
NOTES:
1. "Date of setting up" means the date on which the industrial undertaking is
ready to go into production, whether trial production or regular commercial production. In
case the industrial undertaking is yet to be set up, the expected date of setting up may
be indicated.
2. The date of commercial production shall be certified by the Director or Additional
Director of Industries of the Provincial Government concerned. If the industrial
undertaking is yet to be set up the expected date of commercial production may be
indicated.
3. The detailed description of each of the goods or materials manufactured or to be
manufactured should be given.
4. The precise description of raw material consumed, or to be consumed, both of
Pakistan-origin and imported, should be given for each of the goods or materials
manufactured or to be manufactured. The percentage of Pakistan-origin raw material used,
or to be used, in the manufacture of each of the goods or material shall be given. A
Certificate from the Ministry of Industries certifying the said percentage in respect of
each of the goods or material produced or to be produced shall be annexed with the
application.
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