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Business & Finance

An Ordinance

Annex - IV further to amend certain tax laws WHEREAS, it is expedient further to amend certain tax laws for the...
20 Sep, 2021

Annex - IV further to amend certain tax laws

WHEREAS, it is expedient further to amend certain tax laws for the purposes hereinafter appearing;

AND WHEREAS, the Senate and the National Assembly are not in session and the President of the Islamic Republic of Pakistan is satisfied that circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:-

  1. Short title and commencement. - (1) This Ordinance shall be called the Tax Laws (Third Amendment) Ordinance, 2021.

(2) It shall come into force at once.

  1. 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 25D, the following proviso shall be added, namely:-

"Provided further that a person aggrieved of the value determined by the Director General Valuation may within thirty days of communication of such order, prefer an appeal to the Member Customs (Policy) who may pass an order annulling, modifying or confirming the order passed by the Director General.

(2) in section 80, in sub-section (3), for the words "if during the checking of goods", the expression "Notwithstanding anything contained in this Act if during the checking of goods declaration or within three years of its clearance under sub-section 83(1) above," shall be substituted;

(3) in section 81, in sub-section (1),-

(a) after the words "bank guarantee" wherever occurring, the

expression ", corporate guarantee" shall be inserted;

(b) after second provision the following new proviso shall be added, namely:-

"Provided further that no provisional determination of value shall be allowed in those cases where a Valuation Ruling is in field, irrespective of the fact whether any review or revision against that VR is pending in terms of Section 25D or relevant Rules, as the case may be.";

(4) in section 194A, in sub-section (1), clause (e) shall be omitted;

(5) in section 196, in sub-section (1), after the expression "194B", the expression "or order of the Member Customs (Policy) under sections 25D and 212B" shall be inserted;

  1. Amendments of the Sales Tax Act, 1990. - In the Sales Tax Act, 1990, the following amendments shall be made, namely:-

(1) in section 3,-

(a) in sub-section (7), for the full stop at the end, semi colon shall be substituted and thereafter the following proviso shall be added, namely:-

"Provided that in case of the online market place facilitating the sale of third party goods, the liability to withhold tax on taxable supplies of such party at the rates specified in column (4) against S. No. 8 of the Eleventh Schedule to the Sales Tax Act, 1990 shall be on the operator of such market place".

(b) after sub-section (9AA), the following new sub-section shall be added, namely:-

"(10) Notwithstanding anything contained in the Act, the Board through Notification in the official Gazette, may require any person or class of persons to integrate their invoice issuing machines with the Board's Computerized System for real time reporting of sales in such mode and manner and from such date as may be prescribed.";

(2) after section 14, following new section 14A shall be added, namely:-

"14A. Discontinuance of gas and electricity connections.-

Notwithstanding anything contained in this Act or any other law for the time being in force, the Board shall have power through Sales Tax General Order to direct the gas and electricity distribution companies for discontinuing the gas and electricity connections of any person who fall in the following categories, namely:-

(a) Any person, including tier-1 retailers, who fail to register for sales tax purpose; or

(b) Notified tier-1 retailers registered but not integrated with the Board's Computerized System.

Provided that upon registration or integration, as the case may be, of the above said persons, the Board shall notify the restoration of their gas or electricity connection through Sales Tax General Order.

(3) in section 33, in the Table,-

(a) against S. No.25, in column (1),-

(i) in column (2), for the expression "sub-section (9A) of section 3 or section 40C, as the case may be", the expression "section 40C" shall be substituted; and

(ii) in column (3), the expression "sub-section (9A) of section 3 and" shall be omitted;

(b) after S. No. 25, in column (1), the following new S. No. 25A shall be inserted, namely:-

=====================================================================================
25A. A person required to       Such person shall be liable               Sub-section
integrate his                   to pay:
                                                                              (9A) of
business as
stipulated under                                                            section 3
sub-section (9A) of
                                (i) penalty of five
section 3, who fails
to get himself                  hundred thousand
registered under the            rupees for first
Act, and if
registered, fails to            default;
integrate in the                (ii) penalty of one
manner as required
                                million rupees for
under the law and
rules made                      second default after
thereunder.                     fifteen days of order
                                for first default;
                                (iii) penalty of two million
                                rupees for third
                                default after
                                fifteen days of order
                                for second default;
                                (iv) penalty of three
                                million rupees for
                                fourth default after
                                fifteen days of order
                                for third default:
                                Provided that if such
                                person fails to integrate his
                                business within fifteen days
                                of imposition of penalty for
                                fourth default, his business
                                premises shall be sealed till
                                such time he integrates his
                                business in the manner as
                                stipulated under subsection
                                (9A) of section 3:
                                Provided further that
                                if the retailer integrates his
                                business with the Board's
                                Computerized System
                                before imposition of penalty
                                for second default, penalty
                                for first default shall be
                                waived by the
                                Commissioner.
=====================================================================================

(4) in the Fifth Schedule, against S. No. 17, in column (1), in column (2), the words "excluding that sold in retail packing under a brand name or a trademark" shall be omitted;

(5) in the Sixth Schedule,-

(a) in Table-1,-

(i) against serial number 15, in column (1), in column (2), the expression "(except fruits imported from Afghanistan)" shall be omitted;

(ii) against serial number 159, in column (1), in column (2), for the expression "30th June, 2021", the figure "31st December, 2021" shall be substituted;

(iii) against serial number 160, in column (1), in column (2), for the expression "30th June, 2021", the figure "31st December, 2021" shall be substituted;

(b) in Table-3,-

(i) after serial number 2, in column (1), the following new serial 2A and entries relating thereto in columns (2), (3) and (4) shall be inserted, namely:-

=======================================================================================
"2A.         The following raw                                       This concession is
             materials imported by                                         available to
             registered
             manufacturer of auto                                            registered
             disabled syringes:                                        manufacturers of
                                                                          auto disabled
                                                                    syringes with quota
             (1) Printing paper              4802.5510
                                                                       determination by
              (2) Polypropylene              3902.1000              IOCO and subject to
                                                                               NOC from
             (3)Propylene                    3902.3000
             copolymers
             (4) Plasticized                 3904.2200             Ministry of National
                                                                        Health Services
             (5) Epoxide                     3907.3000
                                                                         Regulation and
             Resins
             (6) Bioxially                   3920.2040                    Coordination.
             Oriented
             Polypropylene
             (BOPP film,
             laminated)
=======================================================================================

(ii) against serial number 21, in column (1), for the entry in column (4), the expression "import of POS machines including credit/debit cards terminals and retailer cash registers" shall be substituted;

(6) in the Eighth Schedule, in Table-1,-

(a) S. No. 60 and entries relating thereto in columns (2), (3), (4) and (5) shall be omitted;

(b) after serial 66, the following new serial number 66A shall be inserted, namely:-

=======================================================================================
"66A      Supplies excluding                Respective        16%         If payment is
          those specified in S.             headings                       made through
                                                                          digital mode.
          No. 66, as made from
          retail outlets
          integrated with
          Board's
          Computerized
          System for real time
          reporting of sales
          Import of remeltable              Respective        14%        If imported by
66B.      scrap                             headings                    steel melters."
=======================================================================================

(c) after serial number 74, in column (1), the following new serial numbers and entries relating thereto in columns (2), (3), (4) and (5) shall be added, namely:-

=======================================================================================
"75.     Import of electric                8703.8090         5%
         vehicle in CBU
         conditions
76       Business to                       Respective        16.9%        If payment is
                                           headings                                made
         business
         transactions
                                                                                through
                                                                          igital mode."
         specified by the
         Board through a
         notification in official
         Gazette subject to
         such conditions and
         restrictions  as
         specified therein.
=======================================================================================
  1. Amendments of the Income Tax Ordinance, 2001 (Ordinance XLIX of 2001). - In the Income Tax Ordinance, 2001 (XLIX of 2001), the following further amendments shall be made, namely: -

(1) in section 21, -

(a) in clause (l), after the word "Any expenditure" occurring for the first time, the expression "by a taxpayer not being a company" shall be inserted;

(b) after clause (l), amended as aforesaid, the following new clause shall be inserted, namely: -

"(la) Any expenditure by a taxpayer being a company for a transaction, paid or payable under a single account head which, in aggregate, exceeds two hundred and fifty thousand rupees, made other than by digital means from business bank account of the taxpayer notified to the Commissioner under section 114A of this Ordinance:

Provided that this clause shall not apply in the case of-

(a) expenditures not exceeding twenty-five thousand rupees;

(b) expenditures on account of -

(i) utility bills;

(ii) freight charges;

(iii) travel fare;

(iv) postage; and

(v) payment of taxes, duties, fee, fines or any other statutory obligation;

(c) in clause (m), after the word "account" the expression "or through digital mode" shall be inserted;

(2) in section 53, in sub-section (2), after the word "the" occurring for the first time the expression "Federal Government or" shall be inserted;

(3) in section 111, after sub-section (4), the following new explanation shall be added, namely: -

"Explanation- For removal of doubt, it is clarified that the remittance through Money Service Bureaus (MCBs), Exchange Companies (ECs) and Money Transfer Operators (MTOs) such as Western Union, Money Gram and Ria Finance or other like entities shall be deemed to constitute foreign exchange remitted from outside Pakistan through normal Banking channels as delineated under this sub-section.";

(4) after section 114A, the following new section shall be inserted, namely: -

"114B. POWERS TO ENFORCE FILING OF RETURNS. - (1)

Notwithstanding anything contained in any other law for the time being in force the Board shall have the powers to issue Income Tax General Order in respect of persons who are not appearing on ATL but are liable to file return under the provisions of this Ordinance.

(2) The Income Tax general order issued under sub-section (1) may entail any or all of the following consequences for the persons mentioned therein;

(a) Disabling of Mobile Phones or Mobile Phone Sims;

(b) Discontinuance of electricity connection; and

(c) Discontinuance of gas connection.

(3) The Board or the Commissioner having jurisdiction over the person mentioned in the Income Tax general order may order restoration of Mobile phones, mobile phone Sims and connections of electricity and gas, in cases where he is satisfied that;

(a) The return has been filed, or

(b) Person was not liable to file return under the provisions of the Ordinance.

(4) No person shall be included in the General order under sub-section (1) unless following conditions have been met;

(i) Notice under sub section (4) of section 114 has been issued;

(ii) Date of compliance of the notice under sub section (4) of section 114 has elapsed; and

(iii) The person has not filed the return.

(5) The action under this section shall not preclude any other action provided under the provisions of this Ordinance.";

(5) after section 175A, the following new section shall be inserted, namely: -

"175B. National Database and Registration Authority (NADRA). (1)The National Database and Registration Authority shall, on its own motion or upon application by the Board, share its records and any information available or held by it, with the Board, for broadening of the tax base or carrying out the purposes of this Ordinance.

(2) The National Database and Registration Authority may:

(i) submit proposals and information to the Board with a view to broadening the tax base;

(ii) identify in relation to any person, whether a taxpayer or not :-

(a) income, receipts, assets, properties, liabilities, expenditures, or transactions that have escaped assessment or are under-assessed or have been assessed at a low rate, or have been subjected to excessive relief or refund or have been misdeclared or misclassified under a particular head of income or otherwise;

(b) the value of anything mentioned in sub-clause (a) of clause (ii) of sub-section (2), if such value is at variance with the value notified by the Board or the District Authorities, as the case may be, or if no such value has been notified the true or market value.

(iii) enter into a memorandum of understanding with FBR for a secure exchange and utilization of a person's information.

(3) The Board may use and utilize any information communicated to it by the National Database and Registration Authority and forward such information to an Income Tax authority having jurisdiction in relation to the subject matter regarding the information, who may utilize the information for the purposes of this Ordinance.

(4) The National Database and Registration Authority may compute indicative income and tax liability of anyone mentioned under sub-sections (1) or (2) by use of artificial intelligence, mathematical or statistical modeling or any other modern device or calculation method.

(5) The indicative income and tax liability computed by the National Database and Registration Authority under sub-section (4) shall be notified by the Board to the person in respect of whom such indicative income and tax liability has been determined, who shall have the option to pay the determined amount on such terms, conditions, installments, discounts, reprieves pertaining to penalty and default surcharge, and time limits that may be prescribed by the Board.

(6) In case the person against whom a liability has been determined under sub-section (4), does not pay such liability within the time prescribed under sub-section (5), the Board shall take action under this Ordinance, upon the basis of tax liability computed under sub-section (4).

(7) If the person against whom the liability has been determined under sub-section (4) pays such liability in terms of sub-section (5), such payment shall be construed to be an amended assessment order under section 120 or 122(1) or 122(4) as the case may be.

(8) For the purposes of sub-sections (4) and (5), the Board may prescribe the extent of installments, reprieves pertaining to penalty and default surcharge, and time limits.

(6) in section 182, in sub-section (1), in the Table, in column(1),_

(a) against S. No. 1, in column (3), the following shall be substituted, namely:-

"Such person shall pay a penalty equal to higher of -

a) 0.1% of the tax payable in respect of that tax year for each day of default; or

b) rupees one thousand for each day of default:

Provided that minimum penalty shall be

a) rupees ten thousand in case of individual having seventy-five percent or more income from salary; or

b) rupees fifty thousand in all other cases:

Provided further that maximum penalty shall not exceed two hundred percent of tax payable by the person in a tax year:

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.

Explanation._ For the purposes of this entry, it is declared that the expression "tax payable" means tax chargeable on the taxable income on the basis of assessment made or treated to have been made under section 120, 121, 122 or 122D.

(b) S. No.14 and entries relating thereto in columns (1), (2), (3) and (4) shall be omitted and shall always be deemed to have been so omitted since the commencement of the Income Tax Ordinance, 2001 (XLIX of 2001).";

(7) section 198 shall be omitted and shall always be deemed to have been so omitted since the commencement of the Income Tax Ordinance, 2001

(XLIX of 2001);

(8) in section 216, in sub-section (3), clause (kb) shall be omitted;

(9) in section 235, -

(a) after sub-section (1), the following new sub-section shall be added, namely: -

"(1A) In addition to tax collectable under sub-section (1), there shall be collected additional advance tax at the rates given in the Division IV of Part-IV of the First Schedule from professionals not appearing on ATL and operating from residential premises having domestic electric connections from DISCOs;

For the purposes of this sub-section professionals include Accountants, Lawyers, Doctors, Dentists, Health Professionals, Engineers, Architects, IT Professionals, Tutors, Trainers and other persons engaged in provision of services."

(b) in sub-section (4), in clause (c), after the word "company", the expression " or domestic consumer" shall be inserted.;

(10) In the First Schedule, in Part IV, in Division IV, after clause (2), the following new clause shall be inserted, namely: -

"(3) The rate of additional advance tax under sub-section (1A) of section 235 shall be collected from the gross amount of the electricity bills at the rates given below: -

=======================================================================================
Sr.           Description                                        Rate of additional tax
No
=======================================================================================
(1)           (2)                                                                   (3)
=======================================================================================
1             Where the bill does not exceed 10,000                                  5%
              rupees
2             Where the bill exceeds 10,000 rupees but                              10%
              does not exceed 20,000 rupees
3             Where the bill exceeds 20,000 rupees but                              15%
              does not exceed 30,000
              Where the bill exceeds 30,000 rupees but                              20%
4             does not exceed 40,000
5             Where the bill exceeds 40,000 rupees but                              25%
              does not exceed 50,000
              Where the bill exceeds 50,000 rupees but                              30%
6             does not exceed 75,000
7             Where the bill exceeds 75,000 rupees                                  35%
=======================================================================================

(11) in the Second Schedule, -

(A) in Part I, in clause (66), in sub-clause (1), in the Table 1, in column (1), after S. No. (xlxv) and entries relating thereto in column (2), the following new entry shall be added, namely: -

==============================================================
"xlxvi          Pakistan Mortgage Refinance Company Limited.";
==============================================================

(B) in Part II, in clause (24C), after the word "cement" the expression

", steel" shall be inserted;

(C) in Part II, in clause (24D), after the word "cement" the expression

", steel" shall be inserted;

(D) in Part IV, in clause (11A), after the sub-clause (xliv), following new sub-clause shall be added, namely: -

==============================================================
"(xlv)         Mobile Phone manufacturers engaged in the local
                manufacturing of mobile phone devices.";
==============================================================

(12) in the Seventh Schedule, in rule 6C, in sub-rule (6A), for the word "assets" wherever occurring, the word "gross advances" shall be substituted;

(13) in the Thirteenth Schedule, in the Table 1, in column (1), after S. No. 62 and entries relating thereto in column (2), the following new entry shall be added, namely: -

==============================================================
"63      All entities mentioned in Table - I of clause (66) of
              Part I of the Second Schedule of the Ordinance."
==============================================================

DR. ARIF ALVI

PRESIDENT

Copyright Business Recorder, 2021

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