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030524

SALES TAX INSTRUCTIONS/
RULING NO.13/2003

GOVERNMENT OF PAKISTAN
CENTRAL BOARD OF REVENUE
REVENUE DIVISION
(SALES TAX WING)
 

C. No. 1(34)STR/99.                                                                                                                 Dated: 24-05-2003.

To:                  The Collector,
                        Collectorate of Sales Tax & Central Excise,
                        Lahore/ Rawalpindi/Gujranwala/ Peshawar/Karachi (East/West).

                        The Collector,
                        Collectorate of Customs, Sales Tax & Central Excise,
                        Multan/Hyderabad/Quetta.

                        The Collector,
                        Collectorate of Sales Tax, Faisalabad.

                        The Collector,
                        Large Tax Payers Unit,
                        Karachi.

SUBJECT:-    CLARIFICATION REGARDING ADMISSIBILITY OF INPUT TAX ADJUSTMENT ON ELECTRICITY
CONSUMED BY RESTAURANTS.

                        I am directed to refer to the subject cited above and to say that a question has been raised whether restaurants which are registered under the Sales Tax Act, 1990 and are paying 15% sales tax on taxable supplies of food items can claim input tax adjustment on electricity consumed by them for preparation or supplying of food items in the service areas.

2.                     The matter has been examined in the Central Board of Revenue. The Board is of the view that restaurants can claim input tax adjustment on electricity consumed by them in the service areas in terms of Rule 3(7) of the Special Procedure for Supply of Food Rules, 1999. This would however be subject to adherence to the provisions of sections 7 and 8 of the Sales Tax Act, 1990 read with Rule 7(2) of the Special Procedure for Collection and Payment of Sales Tax (Electric Power) Rules, 2000. However, no input adjustment of electricity bill for the area used as childrens’ park etc not subjected to sales tax would be available. Thus, restaurants providing services of childrens’ park or fun fair and other activities not subject to sales tax have to claim electricity bill input adjustment as per provisions of Apportionment of Input Tax Rules, 1996 issued vide notification No. SRO 698(I)/96 dated 22-08-1996.



(Pervez Esbhani)
Secretary (STR&S)

 


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