2013
Tax Handbook 2013
An Information Guide
2013
Preface
This handbook aempts to come back with the various post budget queries forthcoming by our clients. We have
aempted to apprise them with a comprehensive explanaon of the implicaons and an upshot that this Finance Bill has
brought about. The handbook encompasses the amendments in the Income Tax Ordinance, Sales Tax Act, Federal Excise
Act, Customs Act and Income Support Levy Act. The applicable amendments in the laws aer enactment are effecve
from July 1, 2013 unless otherwise specified.
The commentary should be read in conjuncon with the applicable secons of respecve Ordinances, Acts and Rules
along with the text of the Finance Bill, 2013. This commentary aempts to provide a general guideline and thus should
not be considered as a conclusive and enforceable document. Professional advice should be sought before acng on any
newly introduced amendment in the Finance Bill or on our comments.
We hope that this handbook enhances your percepon of Budget 2013-2014. For beer understanding and convenience,
we have also draed a Tax Planning Guide appended to this handbook.
This handbook is the property of Horwath Hussain Chaudhury & Co. and is compiled for the exclusive use of its clients and
employees. No part of this handbook may be reproduced except with prior permission of Horwath Hussain Chaudhury
& Co.
Although best efforts have been made to ensure accuracy of the informaon in this handbook, any errors and omissions
are regreed.
Lahore
June 14, 2013
www.crowehorwath.pk
2013
2013
Budget, 2013-14
Budget 2013-14
Salient Features of the Budget 2013-14
The salient features of the budget 2013-14 are as follows:
The total outlay of the budget 2013-14 is Rs. 3,592 billion (2012-13: Rs. 3,203 billion) showing an increase of 12%.
The resource availability during 2013-14 has been esmated at Rs. 3,010 billion (2012-13: Rs. 2,719 billion) showing
an increase of 11%.
The net revenue receipts for 2013-14 have been esmated at Rs. 1,918 billion (2012-13: Rs. 1,775 billion) indicang
an increase of 8%.
The provincial share in Federal revenue receipts during 2013-14 is esmated at Rs. 1,502 billion (2012-13: Rs. 1,459
billion) showing an increase of 3%.
The net capital receipts for 2013-14 have been esmated at Rs. 507 billion (2012-13: Rs. 478 billion) showing an
increase of 6%.
The external receipts during 2013-14 are esmated at Rs. 169 billion (2012-13: Rs. 387 billion) showing a decrease
of 56%.
The overall expenditures during 2013-14 have been esmated at Rs. 3,592 billion (2012-13: Rs. 3,203 billion) of
which the current expenditure is Rs. 2,829 billion (2012-13: Rs. 2,612 billion) and development expenditure is
Rs. 762 billion (2012-13: Rs. 591 billion) showing an increase of 8% and 29% respecvely.
The share of current expenditure is Rs. 2,830.08 billion (2012-13: Rs. 2,612 billion) which is 79% (2012-13: 82%) of
the total budgetary outlay for 2013-14.
The expenditure on General Public Services is esmated at Rs. 2,357 billion (2012-13: Rs 1,877 billion) which is 83%
(2012-13: 71%) of the current expenditures.
The size of Public Sector Development Programme (PSDP) for 2013-14 is Rs. 762 billion (2012-13: Rs. 591), while
for other development expenditures an amount of Rs. 172 billion (2012-13: Rs. 154.29 billion) has been allocated.
This shows an increase of 32% and 11% respecvely.
Provinces have been allocated an amount of Rs. 615 billion (2012-13: Rs. 513 billion) from Public Sector Development
Programme (PSDP) showing an increase of 20%.
An amount of Rs. 10 billion (2012-13: Rs.10 billion) has been allocated to Earthquake Reconstrucon and
Rehabilitaon Authority (ERRA) in the PSDP 2013-14.
1
Comparave Budgetary Posion 2013-2014 & 2012-2013
Receipts
2013-2014
(Rs. In Billion)
2012-2013
(Rs. In Billion)
Tax Revenue (FBR)
2,598.00
2,503.58
Non Tax Revenue
822.00
730.33
3,420.00
3,233.91
(1,502.00)
(1,458.92)
1,918.00
1,774.99
Net Capital Receipts (B)
507.00
477.78
External Resources (C)
169.00
386.87
Esmated Provincial Surplus (D)
23.00
79.55
Bank Borrowings (E)
975.00
483.81
3,592.00
3,203.00
Gross Revenue Receipts
Less: Provincial Share in Taxes
Net Federal Revenue Receipts (A)
Total Resources (A+B+C+D+E)
2
2013
Budget, 2013-14
Expenditures
2013-2014
(Rs. In Billion)
2012-2013
(Rs. In Billion)
2,357.41
1,876.84
Defence Affairs and Services
627.23
545.39
Public Order and Safety Affairs
78.60
70.16
Economic Affairs
52.26
53.64
Environment Protecon
0.92
0.74
Housing and Community Amenies
1.91
1.86
Health Affairs and Services
9.90
7.85
Recreaon, Culture and Religion
6.95
6.25
Educaon Affairs and Services
60.00
47.87
Social Protecon
1.81
1.34
Current Expenditures
3,197.00
2,611.94
Less: Foreign Loan Repayment
(366.00)
-
Net Current Expenditures (A)
2,831.00
2,611.94
Federal Government
540.00
360.00
Provincial Government/ Net Lending
50.00
76.77
590.00
436.77
171.00
154.29
3592.00
3,203.00
General Public Services
Development Expenditure (B)
Other Development Expenditure (C)
Total Expenditures (A+B+C)
3
Breakup of Receipts
4
2013
Commentary
The Finance Bill, 2013
2013
Finance Bill Highlights
Finance Bill Highlights
Income Tax Ordinance, 2001
Dividend received by companies proposed to be taxed under FTR.
Prerequisites for group taxaon and group relief enhanced.
Measures to expand tax base adopted.
Revision of income tax return has been subject to the prior approval of Commissioner.
Wealth Statement mandated for every individual return filer.
Rate of minimum tax increased from 0.5% to 1 %.
Minimum tax imposed on builders and developers.
Advance Tax to be collected by manufacturers and commercial importers on sales to Distributors, Dealers,
Wholesalers and Retailers only on businesses dealing with specified items.
A new provision requiring banking companies to furnish certain informaon to the FBR introduced.
The “Directorate-General of Internal Audit” and “Directorate-General of Withholding Taxes” renamed.
Tax rates on incomes of salaried and business individuals, and AOPs progressively increased.
The tax benefit of carry forward of unadjusted minimum tax extended to Individuals and AOPs.
Terminave Tax Holiday in Special Economic Zone extended to 10 years.
Withholding tax on payment of provincial motor vehicle tax in case of goods transport vehicles made adjustable.
Withholding tax on import of hybrid cars with engine capacity upto 1200cc exempted.
Withholding tax on import of hybrid cars with engine capacity above 1200cc reduced.
Rate of tax for non-banking companies reduced.
Scope of withholding agents on account of withholdings on rental income enlarged.
Concept of reckoning of days of default on account of delayed refunds clarified.
Definion of ‘Business Connecon’ in respect of representave of a non-resident person broadened.
Powers of Commissioner for calling for record for audit purposes clarified.
Tax rates on income from property progressively increased.
An adjustable advance tax on hotels, clubs, marriage halls and restaurants introduced.
An adjustable advance tax on renewal of license and license fee of cable operators applied.
Withholding tax applied on margin financing, trading financing and lending.
Rate of withholding tax on cash withdrawals increased.
Rates of tax on motor vehicle registraon enhanced.
Withholding tax on account of supply of goods for non-corporate taxpayers increased.
A mechanism of collecon of advance tax by market commiees introduced.
An adjustable withholding tax on foreign-produced films, TV serials and plays introduced.
Rate of collecon of advance tax on aucon sale enhanced.
Collecon of advance tax by educaonal instuons to be collected along with annual fee.
Rate of withholding tax on payment of prize on prize bonds increased.
Exempon limit of withholding tax for investment in Naonal Saving Centers withdrawn.
Exempon on dividend in specie withdrawn.
Reducon in tax liability available to full me teachers and researchers withdrawn.
Senior cizens’ tax rebate abolished.
Specific exempons granted to a Hajj Group Operators.
Rate of inial depreciaon allowance reduced.
5
Sales Tax Act, 1990
The rate of GST increased from 16% to 17%.
Unregistered persons to be charged further GST @ 2% on taxable supplies.
Commissioner (Appeals) empowered to grant stay of maximum 30 days on hardship basis.
FBR empowered to nofy Fixed Sale Tax Schemes.
Officers of Inland Revenue authorized to access records, documents.
Provisions of recficaon of errors harmonized.
Mechanism of monitoring or tracking of producon, sales, stocks, etc. by electronic or other means introduced.
Federal Excise Act, 2005
Further FED at the rate of 2% on supply of excisable goods and services to be charged from unregistered persons.
Record of gate inward and outward passes and transport receipt to be maintained by the registered
person.
Commissioner (Appeals) empowered to grant stay against tax recovery.
Whistleblower reward scheme introduced.
FED on aerated beverages has increased from 6% to 9%.
Ad-valorem FED to be charged on motor vehicles at the rate of 10%.
FED on financial services expanded to all kind of financial services.
Customs Act, 1969
Transshipment of Goods Declaraon included in the Definion of Goods Declaraon.
Postdated cheque not acceptable for the purpose of payment of provisional assessment liability.
Director of Valuaon empowered to file reference before High Court.
Duty on Hybrid Electric Vehicles substanally slashed.
Income Support Levy Act, 2013
Income Support Levy has been levied on persons whose net movable wealth exceeds Rs. 1 million.
Liabilies relang to moveable assets will be allowed as deducon while compung net movable wealth.
The levy is chargeable at the rate of 0.5%.
Default surcharge to be charged at the rate of 16% .
6
2013
Income Tax Ordinance, 2001
Income Tax Ordinance, 2001
Dividend to be Taxed under FTR for Companies
Secon 8(e) (ii), 169
By virtue of proposed omission of proviso the Finance Bill, 2013 seeks to bring the dividend taxaon for corporate
taxpayers at par with non-corporate taxpayers under FTR regime. Secon 5 is the charging Secon of dividend income,
which states that dividend received by a person shall be taxed at the rate of 10% whether it is received from a resident
company, or a non-resident company. The proposed omied proviso to sub-clause (ii) of Clause (e) of Secon 8 reads as
under:
“Provided that the provision of this secon shall not apply to dividend received by a company”
The proviso stated hereinabove transpires that the tax deducted u/s 5 shall be final tax however it shall not apply to
dividend received by a company. Prior to Tax Year 2008, dividend income was treated as a separate block income. The
paying company had an obligaon to deduct tax @ 10% of the gross amount, and the amount so deducted was full
and final discharge of tax liability in respect of dividend income. Presently, at-source deducon is not a full and final
discharge of liability for the companies to provide cushion to investment companies; however, the normal tax rate for
that parcular source of dividend income is 10% that equalizes the tax impact in case of both regimes i.e. FTR and NTR
except investment companies.
Seng off of Losses Anomaly Removed
Secon 56(1)
The Finance Bill, 2013 seeks to remove the anomaly that has crept in under the provisions relang to seng off of losses
and clarificaon has been proposed to be inserted that the losses can be set off under any head of income ‘except income
under the head salary’. The current provision of law generalizes that the losses arising under any head of income can be
set off in contrary to the fact that there is no concept of losses in respect of income under the head salary.
Prerequisites for Group Taxaon and Group Relief Enhanced
Secon 59 AA, 59B
The Finance Bill, 2013 seeks to enhance the prerequisites for availing the schemes of group taxaon and group relief and
it has been sought that conglomerates shall have to meet the requirements prescribed under ‘group designaon rules or
regulaons’ as may be specified by the Securies and Exchange Commission of Pakistan.
Scope of Definion of ‘Company’ Broadened
Secon 80
The Finance Bill, 2013 seeks to expand the inclusive definion of Company and the following enes have been sought
to be treated as company under the tax laws:
A non-profit organizaon
An enty or a body of persons established or constuted by or under any law for the me being in force
This move aimed to encourage the documentaon through corporazaon of certain segments of non-corporate sectors.
Assets Created out of Agricultural Income to be Explained in
Relaon to Agriculture Income vis-à-vis Agriculture Income Tax
Secon 111
The Finance Bill, 2013 seeks to insert a proviso that spulates whereby a taxpayer explains the source of investment on
account of agricultural income; such explanaon shall be accepted to the extent of agricultural income worked back on
the basis of agricultural income tax paid under the relevant provincial law.
This is a posive iniave to tax agricultural income at least under deemed provisions of law to carve out an avenue for
taxing agricultural income by the Federal Government.
7
Rate of Minimum Tax Enhanced
Secon 113
The Finance Bill, 2013 seeks to enhance the tax rate of minimum tax on the turnover in the following manner:
Current Tax Rate
Proposed Tax Rate
0.5%
1%
Minimum Tax
By virtue of Finance Act, 2012 the tax rate of minimum tax was reduced from 1% to 0.5%. In the wake of a recent
judgment of Sindh High Court, the FBR has recently clarified, that the reduced rate of 0.5 percent turnover tax under
Secon 113 would only be applicable for Tax Year 2013 and not for Tax Year 2012. The frequent change in the tax rate of
minimum tax is a point of grave concern for the businesses for strategizing opmal planning.
Carry Forward of Excess of Minimum Tax Over
Actual Tax Extended to Individuals and AOPs
Secon 113(2)
Previously, the facility of carry forward of excess of minimum tax over actual tax was available only to companies. The
proposed amendment seeks to extend the tax benefit to individuals and AOPs also.
Fixed Tax Schemes Withdrawn
Secon 113A, 113B
By virtue of the Finance Bill, 2013 the proposed substuon seeks to abolish the fixed tax schemes tabulated hereunder:
Secon 113 A
Secon 113 B
Income Tax
Amount of Turn over
Where turnover is
upto Rs.5,000,000
Rate
1% of the turnover
Amount of turn over
Rate
Where turnover is upto
Rs.5,000,000
Where the turnover
exceeds Rs. 5,000,000
but does not Exceed
Rs. 10,000,000
Where the turnover
exceeds Rs. 10,000,000
Nil
Rs. 25000 plus 0.5%
of the turnover
Rs. 50,000 plus 0.75 %
of the turnover
Sales Tax
Amount of Turn over
Where turnover is
upto Rs.5,000,000
Nil
Up to Rs. 1.25 million
Nil
More than Rs. 1.25
0.5% of turnover which is
million and up to
in excess of Rs. 1.25 million
Rs. 2.50 million
More Than Rs. 2.5 million Rs. 6,250 plus 0.75% of
turnover which is in excess
of Rs. 2.5 million
8
2013
Income Tax Ordinance, 2001
Minimum Tax on Builders
Secon 113A
By virtue of proposed substuon the Finance Bill, 2013 seeks to charge minimum tax at the rate of Rs. 25 per square foot
as per the construcon or site plan approved by the regulatory authority.
The minimum tax to be paid under this category shall be computed on the basis of total number of square feet sold or
booked for sale during the year.
The tax paid under such category shall be minimum tax on the income of the builder from the sale of such residenal,
commercial or other building.
Minimum Tax on Land Developers
Secon 113B
By virtue of proposed substuon the Finance Bill, 2013 seeks to charge minimum tax at the rate of Rs. 50 per square yard
as per the lay out or site plan approved by the relevant regulatory authority.
The tax computed under this category shall be paid on the basis of total number of square yards sold or booked for sale
during the year and the tax paid under this category shall be minimum tax on the income of the developer.
Iniaves for Tax Base Expansion
Secon 114(1)(b)(viii),(ix)
Holder of commercial or industrial connecon of electricity
Presently, any person who is the holder of commercial or industrial connecon of electricity where the amount of annual
bill exceeds Rupees one million is required to file a return of total income. The proposed amendment seeks to reduce the
criteria as under:
Holder of commercial/industrial connecon of electricity
Present
Amount of Annual Bill
Proposed
Amount of Annual Bill
Exceeding Rs. 1,000,000
Exceeding Rs. 500,000
Members of Business and Professional Bodies
Any person who is registered with the following bodies/associaons shall be required to file a return of total income:
Chamber of commerce and industry
Trade or business associaon or any market commiee
Professional body including Pakistan Engineering Council
Pakistan Medical and Dental Council
Pakistan Bar Council or
Provincial Bar Council
Instute of Chartered Accountants of Pakistan
Instute of Cost and Management Accountants of Pakistan.
9
In recent years there has been growing interest in abandoning the system of taxing income altogether and replacing
it with a system that taxes consumpon in the form of withholdings. To a larger extent it has opened new horizons for
the FBR and substanal amounts are being collected in this way. By now the tax policy is mainly emphasizing on the
withholding way of tax collecon and it is a major shi from the voluntary payment of taxes on incomes that is assumed
an uphill task for our tax machinery.
This shrunken tax base necessitates higher rates, therefore, the main concern of the day is higher tax rates; presently tax
rates are more than twice as high as could be that results into increasingly extra tax burdens of evaders on the exisng
taxpayers. An ideal tax system is one that taxes a wide base at lower rates. Thus the only soluon that we find in order to
reduce the tax rates lies in the broadening of tax base.
Anomaly in Basic Exempon Threshold Removed
Secon 114(1A)
The Finance Bill, 2013 seeks to remove the anomaly in basic exempon threshold provided for business income by
enhancing the basic threshold for filing of tax return to Rs. 400,000.
Commissioner’s Approval Mandated for Revision of Tax Return
Secon 114 (4) (6)
The Finance Bill, 2013 proposes to make it mandatory to seek approval of the Commissioner for revision of a tax return.
The proposed condionality has been aligned with the Sales Tax Act wherein prior approval is required from the concerned
authority for revision of sales tax return.
Salaried Individuals Having Income Less Than Rs. 500,000 Required to File Return
Secon 115
The proposed omission seeks that the salaried individuals having income from salary of less than Rs. 500,000 are also
required to file return of total income.
Wealth Statement Made Mandatory For Every Individual Return Filer
Secon 116(2)
In the wake of introducon of new tax under Income Support Levy Act, 2013 the proposed amendment seeks mandatory
filing of wealth statement for every individual taxpayer irrespecve of income threshold.
Investment Tax on Income Abolished
Secon 120A
The proposed amendment seeks to withdraw the empowerment of the FBR to introduce investment whitening schemes
in due course of me in respect of undisclosed income represenng any amount or investment made in movable or
immovable assets.
Timeframe for Validity of Provisional Assessment Reduced
Secon 122C
Presently, whereby a taxpayer files the return within the meframe of 60 days, from the date of service of provisional
assessment order, such order is treated as cancelled forthwith automacally and the return filed henceforth is deemed
as an order for that parcular tax year.
By virtue of the Finance Bill, 2013 the proposed substuon seeks to curtail the meframe for validity of provisional
assessment order from 60 days to 45 days.
Appointment Criteria of Appellate Judicial Member Enhanced
Secon 130
The proposed inseron seeks that an officer of Inland Revenue Service and a law graduate having at least fieen years of
service in BS-17 and above can also be appointed as a Judicial Member of Appellate Tribunal.
10
2013
Income Tax Ordinance, 2001
Deducon of Tax from Salary
Secon 149
Under the exisng provisions of secon 149, every employer is required to deduct tax from payment of taxable salary to
employees. The Finance Bill, 2013 now seeks to substute the word “employer” with the word “person responsible for”
making payment of taxable salary.
The Finance Bill, 2013 now seeks to withdraw adjustment of tax withheld under other secons and tax credits on
charitable donaon, on investment in shares and insurance, on contribuon to an approved pension fund and on profit
on debt on house finance. .
Scope of Withholding Agent in respect of Payments for Goods, Services and Contracts Enlarged
Secon 153(7)
By virtue of proposed inseron the Finance Bill, 2013 seeks to enhance the scope of withholding tax agent and a person
registered under the Sales Tax Act, 1990 has been added in the list of withholding tax agents.
Keeping in view Exchequer’s major focus on withholdings the role of withholding agents has connually been enhanced
over the years and the proposed inseron would come in a larger way as every registered person under the Sales Tax Act
irrespecve of legal status and turnover basis would be required to deduct tax at source whilst making payments against
goods, services and contracts.
Advance Tax on Sales to Distributors, Dealers, Wholesalers and Retailers
Secon 153A, 236G, 236H
By virtue of Finance Act, 2012 a new Secon 153A was inserted whereby every manufacturer had to collect withholding
tax @ 0.5% at the me of sale, of the gross sales to all distributors, dealers and wholesalers. FBR vide Circular 01, 2012
clarified that this adjustable withholding tax was chargeable on the gross sales to all dealers, distributors and wholesalers
irrespecve of whether they were registered or unregistered taxpayers under Income Tax or Sales Tax and also the gross
sales were inclusive of Sales Tax and Federal Excise Duty and any trade discount shown on the invoices or bills.
FBR issued SRO1487 (I)/2012 to suspend the applicability of Secon 153A ll June 30, 2013. Under the noficaon, in
exercise of powers conferred under secon 53(2) a new clause 80 has been added to Part IV of the Second Schedule to
the Income Tax Ordinance, 2001. “The provisions of Secon 153A of the Income Tax Ordinance, 2001 shall not apply to
any manufacturer ll June 30, 2013,” the noficaon added.
The Finance Bill, 2013 seeks to omit the Secon 153A altogether provide relief to traders and distributors in general.
By virtue of the Finance Bill, 2013 the proposed Secon 236G and Secon 236H raonalizes advance tax on sales to
distributors, dealers, wholesalers and retailers dealing in specific lines of businesses. The Finance Bill, 2013 seeks to
collect advance tax by every manufacturer or commercial importer of:
Electronics
Sugar
Cement
Iron and steel products
Ferlizer
Motorcycles
Pescides
Cigarees
Glass
Texle
Beverages
Paint
Foam sector
11
The above-said advance tax shall be collected from distributors, dealers, wholesalers at the rate of 0.1% of the gross
amount of sales and from retailers at the rate of 0.5% of the gross amount of sales at the me of making sales to them
and shall be adjustable against tax liability of these persons.
Scope of Withholding Agents in respect of Rental Income Enlarged
Secon 155(3)
The Finance Bill, 2013 seeks to specify the following persons as withholding agents, in addion to persons already
specified in secon 155(3), for collecon of tax at the me of making payment in respect of rent.
a charitable instuon,
a private educaonal instuon, a bouque, a beauty parlour, a hospital, a clinic or a maternity home,
individuals or associaon of persons paying gross rent of Rupees 1.5 million or above.
Divulgence of Informaon regarding Filing of Withholding Tax Statements
Secon 165
The Finance Bill, 2013 seeks to amend the scope of secon 165 conferring powers therein to override laws restricng
for divulgence of informaon. In the wake of proposed amendments the Banking Companies shall be required to file
withholding tax statements furnishing informaon required thereof despite of the fact the Banking Companies Ordinance,
1962 requires otherwise.
FBR Empowered to Call for Specific Informaon from Banks
Secon 165 A
The Finance Bill, 2013 seeks to insert a new secon in Income Tax Ordinance, 2001, which embark upon banking companies
with certain responsibilies and the banking companies are required to provide the following informaon to the FBR:
online access to its central database containing details of its account holders and all transacons made in their
accounts.
a list containing parculars of deposits aggregang Rupees one million or more made during the preceding calendar
month.
a list of payments made by any person against bills raised in respect of a credit card issued to that person aggregang
to Rupees one hundred thousand or more made during the preceding calendar month.
A consolidated list of loans wrien off exceeding Rupees one million or more made during the preceding calendar
month.
A copy of each Currency Transacons Report and Suspicious Transacons Report generated and submied by it to
the Finance Monitoring Unit under the An-Money Laundering Act, 2010.
Banking Companies are also required to nominate a senior officer at head office to coordinate with the FBR. Banking
Companies and their officers shall not be liable to any civil, criminal or disciplinary proceedings against them for furnishing
informaon required under this Ordinance. All informaon received under this secon shall be kept confidenal and shall
be used only for tax purposes.
Timelines regarding Claim of Compensaon on Delayed Refund Clarified
Secon 171
The Finance Bill, 2013 seeks to explain the reckoning of days of default on account of delayed refunds for compensaon
claim with effect from the date of order of refund by the Commissioner rather than from the date the deemed assessment
is treated as made by the Commissioner as envisaged under the provisions of Secon 120.
Definion of ‘Business Connecon’ Broadened
Secon 172
By virtue of Finance Bill, 2013 the proposed inseron seeks to broaden the definion of ‘business connecon’ in relaon
to a non-resident person vis-à-vis a representave and the inclusive definion of ‘business connecon’ includes transfer
of an asset or business in Pakistan by a non-resident.
Commissioner Empowered to Call for Informaon and Record for Audit Purposes Independently
Secon 177
The Finance Bill, 2013 seeks to insert an explanaon wherein the Commissioner is empowered to select a person for audit
irrespecve of the fact that the Board is also empowered to do so under secon 214C.
12
2013
Income Tax Ordinance, 2001
Permission to Use CNIC in place of NTN Allowed
Secon 181
Secon 181 requires a person to apply to Commissioner for registraon as a taxpayer. The Commissioner on receiving an
applicaon shall register the person and issue Naonal Tax Number. The Finance Bill, 2013 seeks to add a proviso whereby
an individual would be allowed to use his CNIC in place of his Naonal Tax Number for taxpayer registraon purposes.
Displaying of Naonal Tax Number
Secon 181C
The Finance Bill, 2013 seeks to bind a person, deriving income taxable under the Income Tax Ordinance, 2001, to display
his NTN conspicuously at every place of his business.
Offences and Penales Raonalized
Secon 182
The Finance Bill, 2013 seeks to make certain changes in the exisng offences and penales chargeable to a taxable person
and also seeks to introduce certain new penales as under:
Sr. No.
Offences
Secon of the
Ordinance to
which the offence
has reference
Penales
Synopsis of Change Proposed
by the Finance Bill, 2013
Change Proposed by the Finance Bill, 2013
Where any person
fails to furnish a
return of income
as required under
secon 114 within
the due date
Such person shall pay a
penalty equal to 0.1% of the
tax payable in respect of that
tax year for each day of default
subject to a maximum penalty
of 50% of the tax payable
provided that if the penalty
worked out as aforesaid is less
than Rs. 20,000 or no tax is
payable for that tax year such
person shall pay a penalty of
Rs. 20,000
114 and 118
Reference to secon 115, wealth
statement, wealth statement
reconciliaon,
secon
120,
secon 121, secon 122, secon
122C and secon 165 is abolished.
Penales of offences pertaining
to requirements of secon 115
and 165 taken to serial numbers
1A and 1AA. Minimum penalty
is raised from Rs. 5,000 to Rs.
20,000. Maximum penalty is
raised from 25% of the tax
payable to 50% of the tax payable.
For those persons having no tax
payable in the year but violang
this secon, a penalty of Rs.
20,000 is introduced.
1A.
Where any person
fails to furnish a
statement as required
under secon 115,
165 or 165A within
the due date
Such person shall pay a
penalty of Rs. 2,500 for each
day of default subject to
a minimum penalty of Rs.
50,000
115, 165 and
165A
New serial number introduced by
the Finance Bill, 2013
1AA.
Where any person
fails to furnish
wealth statement or
wealth reconciliaon
statement
Such person shall pay a
penalty of Rs. 100 for each
day of default
1
13
114, 115 and 116 New serial number introduced by
the Finance Bill, 2013
Sr. No.
Offences
8
Where a taxpayer
who, without any
reasonable cause,
in non- compliance
with the provisions of
secon 177 –
fails to produce the
record or documents
on receipt of first
noce
Fails to produce the
record or documents
on receipt of second
noce
Fails to produce the
record or documents
on receipt of third
noce
Secon of the
Ordinance to
which the offence
has reference
Penales
Synopsis of Change Proposed
by the Finance Bill, 2013
177
The Finance Bill, 2013 does not
seek to make any amendment in
the exisng regulaons; it only
seeks to enhance the penales
as under:
For first failure – from Rs. 5,000
to Rs. 25,000
For second failure – from Rs.
10,000 to Rs. 50,000
For third failure – from Rs.
50,000 to Rs. 100,000
Such person shall pay a
penalty of Rs. 25,000
Such person shall pay a
penalty of Rs. 50,000
Such person shall pay a
penalty of Rs. 100,000
9
Any person who
fails to furnish the
informaon required
or to comply with
any other term of the
noce served under
secon 176
Such person shall pay a
penalty of Rs. 25,000 for the
first default and Rs. 50,000 for
each subsequent default
176
The Finance Bill, 2013 does not
seek to make any amendment in
the exisng regulaons; it only
seeks to enhance the penales
as under:
For first default the penalty is
enhanced from Rs. 5,000 to Rs.
25,000
For second default the penalty is
enhanced from Rs. 10,000 to Rs.
50,000
16
Any person who
fails to display NTN
cerficate at the
place of business
as required under
this Ordinance or
the rules made
thereunder
Such person shall pay a
penalty of Rs. 5,000
181C
New serial number introduced
by the Finance Bill, 2013
14
2013
Income Tax Ordinance, 2001
Hierarchical Arrangement for Delegaon of Powers
Secon 210
The Finance Bill, 2013 seeks to clarify the term “officer” to whom the Commissioner can delegate authority. It seeks
to specify Addional Commissioner, Deputy Commissioner and Assistant Commissioner as authories to whom the
Commissioner would be allowed to delegate his powers.
Audit Selecon Criteria to be Kept Confidenal
Secon 214C
The Finance Bill, 2013 seeks to enhance the powers of the FBR regarding the cases selected for tax audits. It proposes
the FBR to keep the parameters of selecng cases for tax audit secret. It proposes to empower the Commissioner under
secon 177 by making his powers independent of the powers of the FBR and by enabling him to call records or documents
or books of accounts of a taxpayer for audit without any restricon.
Whistleblower Rewards Introduced
Secon 227A
The Finance Bill, 2013 seeks to introduce a new secon whereby informers and officers and officials of the Inland Revenue
providing credible informaon regarding the cases involving concealment or evasion of income tax and other taxes shall
be sanconed cash rewards. It seeks to sancon this reward only aer the realizaon of taxes involved in these cases,
wholly or partly. The Finance Bill, 2013 proposes to prescribe the procedure of reward sancon through noficaon in
the official Gazee.
Nomenclature of Directorates Changed
Chapter XI – Part II & Part III
The Finance Bill, 2013 seeks to rename the “Directorate-General of Internal Audit” and “Directorate-General of
Withholding Taxes” as “Directorates-General”.
Inducon of New Directorates
Secon 230B & Secon 230C
The Finance Bill, 2013 seeks to introduce two new directorates i.e. Directorate-General of Law and Directorate-General of
Research and Development. It also proposes that these directorates shall consist of their respecve director generals and
may have as many addional directors, deputy directors, assistant directors and other officers as the Board may appoint
by noficaon in the official Gazee.
Margin Financiers, Trading Financiers and Lenders Included in the Tax Net
Secon 233AA
The Finance Bill, 2013 seeks to include margin financiers, trading financiers and lenders in the tax net by proposing
NCCPL to collect advance tax from such persons on providing margin financing, margin trading or securies lending
under Securies (Leveraged Markets and Pledging) Rules, 2011 in share business. The Finance Bill, 2013 also proposes
that such tax shall be deducted at the rate of 10% of profit, mark-up or interest earned by the member, margin financier
or securies lender.
Tax on Motor Vehicles
Secon 234
The Finance Bill, 2013 proposes to collect the motor vehicle tax in lump sum as well; previously this is being charged
on annual basis. In concurrence with this proposal, the rates of collecon of motor vehicle tax in lump sum have been
proposed to be as under:
15
Cylindrical capacity
Amount of Tax (in Rupees)
Upto 1,000cc
1,001cc to 1,199cc
1,200cc to 1,299cc
1,300cc to 1,599cc
1,600cc to 1,999cc
2,000cc and above
7,500
12,500
17,500
30,000
40,000
80,000
It also proposes that advance tax collected under this secon to be adjustable
Advance Tax on Funcons and Gatherings
Secon 236D, First Schedule Part IV Division XII
The Finance Bill, 2013 proposes to collect advance tax from a person arranging or holding a funcon in a marriage hall,
marquee, hotel, restaurant, commercial lawn, club, a community place or any other place used for such purpose. It is also
proposed that if food, service or any other facility is provided by any other person, advance tax shall also be collected on
payment against such food, service or facility. This secon proposes to collect advance tax at the rate of 10% of the total
amount of the bill from the person arranging this funcon.
The Finance Bill, 2013 seeks to clarify that owner, lease-holder, operator or manager of such marriage hall, marquee,
hotel, restaurant, commercial lawn, club, the community place or any place used for such purpose shall be the withholding
agent. It also explains that funcons on which this advance tax shall be levied include wedding-related events, seminars,
workshops, sessions, exhibions, concerts, shows, pares or any gatherings held for such purpose.
Advance Tax on Foreign-Produced Films TV Plays and Serials
Secon 236E First Schedule Part IV Division XII
The Finance Bill, 2013 seeks to levy advance tax, adjustable in nature, on foreign-produced films, TV plays and serials to be
collected by a person responsible for censoring or cerfying these foreign contents at the me of censoring or cerfying.
The Finance Bill, 2013 seeks to introduce advance tax on foreign-produced films and TV plays, at the following rates:
Parculars
Amount of Tax (in Rupees)
Foreign-produced film
Foreign-produced TV drama serial
Foreign-produced TV play
1,000,000
100,000 per episode
100,000 per episode
Advance Tax on Cable Operators and Other Electronic Media Secon 236F, First Schedule Part IV Division XIII Para (1)
The Finance Bill, 2013 purposes to collect advance tax, adjustable in nature, by Pakistan Electronic Media Regulatory
Authority (PEMRA) at the me of issuance of license for distribuon services or renewal of license to a licensee.
16
2013
Income Tax Ordinance, 2001
The Finance Bill, 2013 seeks to introduce withholding tax to be collected from Cable Television Operators, at the following
rates:
License Category
as provided in
PEMRA Rules 2009
Tax on License Fee
(Rupees)
Tax on Renewal
(Rupees)
H
H-1
H-2
R
B
B-1
B-2
B-3
B-4
B-5
B-6
B-7
B-8
B-9
B-10
7,500
10,000
25,000
5,000
5,000
30,000
40,000
50,000
75,000
87,500
175,000
262,500
437,500
700,000
875,500
10,000
15,000
30,000
30,000
40,000
50,000
60,000
75,000
100,000
150,000
200,000
300,000
500,000
800,000
900,000
Collecon of Advance Tax by Educaonal Instuons
Secon 236I
The Finance Bill, 2013 purposes to collect advance tax at the rate of 5% of the amount of fee paid to an educaonal
instuon, to be collected by the person preparing fee voucher or challan. The above tax shall be collected only where
annual fee exceeds two hundred thousand rupees (Rs. 200,000) and shall be adjustable against the tax liability of parents
or guardians.
Advance Tax on Dealers, Commission Agents and Arhas
Secon 236J, First Schedule Part IV Division XVII
The Finance Bill, 2013 seeks to collect advance tax from dealers, commission agents or arhas, by every market commiee,
which will be treated as adjustable tax.
The Finance Bill, 2013 also introduces an inclusive definion of market commiee which states “market commiee”
includes any commiee or body formed under any provision or local law made for the purposes of establishing, regulang
or organizing agricultural, livestock and other commodity markets.
The Finance Bill, 2013 seeks to introduce advance tax on dealers, commission agents and arhas at the following rate:
Group
Amount of Tax
(Rupees)
Group or Class A
Group or Class B
Group or Class C
Any other category
10,000
7,500
5,000
5,000
17
First Schedule
Rates of Tax for Individuals, Other than the Salaried Class, and Associaon of Persons
Part I Division I Clause 1
The Finance Bill, 2013 seeks to increase slabs applicable on Individuals and AOPs other than salaried individuals. Exisng
5 slabs are proposed to be enhanced to 7 as under:
Current Rates of Tax for Individuals and AOPs
Applicable on Taxable income
Taxable income not exceeding Rs.
400,000
Proposed Rates of Tax for Individuals and AOPs
Applicable on Taxable income
0%
Taxable income not exceeding Rs.
400,000
0%
Taxable income exceeding Rs. 10% of the amount
Rs.
400,000 but not exceeding Rs. exceeding
400,000
750,000
Taxable income exceeding Rs. 10% of the amount
Rs.
400,000 but not exceeding Rs. exceeding
400,000
750,000
Taxable income exceeding Rs. Rs. 35,000 + 15%
750,000 but not exceeding Rs. of the amount
exceeding
Rs.
1,500,000
750,000
Taxable income exceeding Rs. Rs. 35,000 + 15%
750,000 but not exceeding Rs. of the amount
exceeding
Rs.
1,500,000
750,000
Taxable income exceeding Rs. Rs. 147,500 + 20%
1,500,000 but not exceeding Rs. of the amount
exceeding
Rs.
2,500,000
1,500,000
Taxable income exceeding Rs. Rs. 147,500 + 20%
1,500,000 but not exceeding Rs. of the amount
exceeding
Rs.
2,500,000
1,500,000
Taxable income exceeding Rs. Rs. 347,500 + 25%
of the amount
2,500,000
exceeding
Rs.
2,500,000
Taxable income exceeding Rs. Rs. 347,500 + 25%
2,500,000 but not exceeding Rs. of the amount
exceeding
Rs.
4,000,000
2,500,000
-
-
Taxable income exceeding Rs. Rs. 722,500 + 30%
4,000,000 but not exceeding Rs. of the amount
exceeding
Rs.
6,000,000
4,000,000
-
Taxable income exceeding Rs. Rs. 1,322,500 +
35% of the amount
6,000,000
exceeding
Rs.
6,000,000
-
18
2013
Income Tax Ordinance, 2001
Rates of Tax for Salaried Taxpayers
Part I Division I Clause 1A
The Finance Bill, 2013 seeks to increase the slab rates applicable on salaried individuals. Exisng 5 slabs are proposed to
be enhanced to 12 as under:
Current Rates of Tax for Salaried Taxpayers
Applicable on Taxable income
Taxable income not exceeding Rs.
400,000
Proposed Rates of Tax for Salaried Taxpayers
Applicable on Taxable income
Taxable income not exceeding Rs.
400,000
0%
0%
Taxable income exceeding Rs. 5% of the amount
400,000 but not exceeding Rs. exceeding
Rs.
750,000
400,000
Taxable income exceeding Rs. 5% of the amount
400,000 but not exceeding Rs. exceeding
Rs.
500,000
400,000
Taxable income exceeding Rs. Rs. 17,500 + 10%
750,000 but not exceeding Rs. of the amount
1,500,000
exceeding
Rs.
750,000
Taxable income exceeding Rs. Rs. 5,000 + 7.5%
500,000 but not exceeding Rs. of the amount
800,000
exceeding
Rs.
500,000
Taxable income exceeding Rs. Rs. 95,000 + 15%
1,500,000 but not exceeding Rs. of the amount
2,000,000
exceeding
Rs.
1,500,000
Taxable income exceeding Rs. Rs. 27,500 + 10%
800,000 but not exceeding Rs. of the amount
1,300,000
exceeding
Rs.
800,000
Taxable income exceeding Rs. Rs. 175,000 + 17.5%
2,000,000 but not exceeding Rs. of the amount
2,500,000
exceeding
Rs.
2,000,000
Taxable income exceeding Rs. Rs. 77,500 + 12.5%
1,300,000 but not exceeding Rs. of the amount
1,800,000
exceeding
Rs.
1,300,000
Taxable income exceeding Rs. Rs. 420,000 + 20%
2,500,000.
of the amount
exceeding
Rs.
2,500,000
Taxable income exceeding Rs. Rs. 140,000 + 15%
1,800,000 but not exceeding Rs. of the amount
2,200,000
exceeding
Rs.
1,800,000
-
-
-
Taxable income exceeding Rs. Rs. 200,000 + 17.5%
2,200,000 but not exceeding Rs. of the amount
2,600,000
exceeding
Rs.
2,200,000
-
Taxable income exceeding Rs. Rs. 270,000 + 20%
2,600,000 but not exceeding Rs. of the amount
3,000,000
exceeding
Rs.
2,600,000
-
Taxable income exceeding Rs. Rs. 350,000 + 22.5%
3,000,000 but not exceeding Rs. of the amount
3,500,000
exceeding
Rs.
3,000,000
-
19
Current Rates of Tax for Salaried Taxpayers
Applicable on Taxable income
-
-
-
-
-
-
Proposed Rates of Tax for Salaried Taxpayers
Applicable on Taxable income
Taxable income exceeding Rs. Rs. 462,500 + 25% of
3,500,000 but not exceeding Rs. the amount exceeding
4,000,000
Rs. 3,500,000
Taxable income exceeding Rs. Rs. 587,500 + 27.5% of
4,000,000 but not exceeding Rs. the amount exceeding
7,000,000
Rs. 4,000,000
Taxable income exceeding Rs. Rs. 1,412,500 + 30% of
7,000,000
the amount exceeding
Rs. 7,000,000
Taxability of Salary Income
Tax liability
Sr. No.
1
2
3
4
5
5
7
8
9
10
11
12
Average Tax Rate
Taxable
Salary
Rs.
Pre-Budget
Post Budget
Rs.
Increase
/(Decrease)
Rs.
Pre-Budget
Post Budget
Rs.
%
%
400,000
500,000
800,000
1,300,000
1,800,000
2,200,000
2,600,000
3,000,000
3,500,000
4,000,000
7,000,000
7,000,000
0
5,000
22,500
72,500
140,000
210,000
440,000
520,000
620,000
720,000
1,320,000
1,360,000
0
5,000
27,500
77,500
140,000
200,000
270,000
350,000
462,500
587,500
1,412,500
1,472,500
0
0
5,000
5,000
0
(10,000)
(170,000)
(170,000)
(157,500)
(132,500)
92,500
112,500
0%
1.00%
2.81%
5.58%
7.78%
9.55%
16.92%
17.33%
17.71%
18.00%
18.86%
19.43%
0%
1.00%
3.44%
5.96%
7.78%
9.09%
10.38%
11.67%
13.21%
14.69%
20.18%
21.04%
Graphical Representaon
Tax liability has been worked out without taking into account marginal relief.
20
2013
Income Tax Ordinance, 2001
Rate of Tax for Companies
Part I Division II Clause (i)
The Finance Bill, 2013 seeks to reduce tax on the taxable income of companies, other than banking companies, to 34%
for the tax year 2014.
Rate of Tax on Income from Property
Part I Division VI Paragraph (a)
The Finance Bill, 2013 seeks to increase the tax rate slabs applicable on individuals and AOPs. Exisng 4 slabs are proposed
to be enhanced to 7 as under:
Current Rates of Tax for Individuals and AOP
Applicable on Gross Amount of Rent
Gross amount of rent
not exceeding Rs. 150,000
Proposed Rates of Tax for Individuals and AOP
Applicable on Gross Amount of Rent
Nil
Gross amount of rent
exceeding Rs. 150,000
not
Nil
Gross amount of rent exceeding 5% of the gross
Rs. 150,000 but not exceeding Rs. amount exceeding
150,000
400,000
Gross amount of rent exceeding 5% of the gross
Rs. 150,000 but not exceeding Rs. amount exceeding
150,000
400,000
Gross amount of rent exceeding Rs. 12,500 plus 7.5%
Rs. 400,000 but not exceeding Rs. of the gross amount
exceeding 400,000
1,000,000
Gross amount of rent exceeding Rs. 12,500 plus 7.5%
Rs. 400,000 but not exceeding Rs. of the gross amount
exceeding 400,000
1,000,000
Gross amount of rent exceeding Rs. 57,500 plus 10%
of the gross amount
Rs. 1,000,000
exceeding 1,000,000
Gross amount of rent exceeding Rs. 57,500 plus 10%
Rs. 1,000,000 but not exceeding of the gross amount
exceeding 1,000,000
Rs. 2,000,000
-
-
-
-
-
-
Gross amount of rent exceeding Rs. 157,500 plus
Rs. 2,000,000 but not exceeding 12.5% of the gross
amount exceeding
Rs. 3,000,000
2,000,000
Gross amount of rent exceeding Rs. 282,500 plus 15%
Rs. 3,000,000 but not exceeding of the gross amount
exceeding 3,000,000
Rs. 4,000,000
Gross amount of rent exceeding Rs. 432,500 plus
17.5% of the gross
Rs. 4,000,000
amount exceeding
4,000,000
21
Rate of Tax on Income from Property
Part I Division VI Paragraph (b)
The Finance Bill, 2013 seeks to increase the tax rate slabs applicable on companies. Exisng 3 slabs are proposed to be
enhanced to 6 as under:
Current Rates of Tax for Companies Applicable on
Gross Amount of Rent
Gross amount of rent
exceeding Rs. 400,000
Proposed Rates of Tax for Companies Applicable on
Gross Amount of Rent
not 5% of the gross
amount of rent
Gross amount of rent
exceeding Rs. 400,000
not 5% of the gross
amount of rent
Gross amount of rent exceeding Rs. 20,000 plus 7.5%
Rs. 400,000 but not exceeding Rs. of the gross amount
exceeding 400,000
1,000,000
Gross amount of rent exceeding Rs. 20,000 plus 7.5%
Rs. 400,000 but not exceeding Rs. of the gross amount
exceeding 400,000
1,000,000
Gross amount of rent exceeding Rs. 65,000 plus 10%
of the gross amount
Rs. 1,000,000
exceeding 1,000,000
Gross amount of rent exceeding Rs. 65,000 plus 10%
Rs. 1,000,000 but not exceeding of the gross amount
exceeding 1,000,000
Rs. 2,000,000
-
-
-
-
-
-
Gross amount of rent exceeding Rs. 165,000 plus
Rs. 2,000,000 but not exceeding 12.5% of the gross
amount exceeding
Rs. 3,000,000
2,000,000
Gross amount of rent exceeding Rs. 290,000 plus 15%
Rs. 3,000,000 but not exceeding of the gross amount
exceeding 3,000,000
Rs. 4,000,000
Gross amount of rent exceeding Rs. 440,000 plus
17.5% of the gross
Rs. 4,000,000
amount exceeding
4,000,000
Rates of Advance Tax on Import of Goods
Part II
The Finance Bill, 2013 seeks to differenate advance tax, to be collected from importer of goods, other than industrial
undertakings and companies, as under:
(a)
(b)
5% of the value of goods in case of industrial undertakings and companies,
5.5% of the value of goods in case of all taxpayers other than those covered in (a) above.
Rates of Tax on Payments for Goods
Part III Division III Para 1
Subpara (b)
The Finance Bill, 2013 seeks to differenate advance tax on payment for sale of goods in the following manner:
(a)
(b)
3.5% of the gross amount payable in the case of companies
4% of the gross amount payable in the case of other taxpayers
22
2013
Income Tax Ordinance, 2001
Rates of Tax on Payments for Rendering of Services
Part III Division III Para 2
Subpara (ii)
The Finance Bill, 2013 seeks to differenate advance tax on payment for rendering of services, other than transportaon,
in the following case:
(a)
(b)
6% of the gross amount payable in the case of companies
7% of the gross amount payable in the case of other taxpayers
Rates of Tax on Payments for Execuon of Contracts
Part III Division III Para 3
The Finance Bill, 2013 seeks to deduct tax at source deducted tax at source on payment for execuon of contracts, other
than contracts for sale of goods or rendering of services at the rate of 6% and the rate of 6.5% for other taxpayers.
Rate of Tax on Prizes and Winnings
Part III Division VI Paragraph (1)
The Finance Bill, 2013 seeks to increase the rate of tax to be deducted on prize on a prize bond or cross word puzzle from
10% to 15% of the gross amount paid.
Collecon of Tax by a Stock Exchange registered in Pakistan
Part IV Division IIA
The Finance Bill, 2013 seeks to omit tax on financing of carry over trades (Badla) @ 10% of the carry over charge tax.
Collecon of Tax by NCCPL
Part IV Division IIB
The Finance Bill, 2013 seeks to introduce advance tax to be collected from the members of stock exchange by Naonal
Clearing Company of Pakistan Limited at the rate of 10% of profit, markup or interest earned by the member, margin
financier or securies lender.
Rates of Collecon of Tax on Motor Vehicles in Lump sum
Part IV Division III Para (4)
The Finance Bill, 2013 seeks to collect tax on private motor vehicles in lump sum at the following rates:
Engine Capacity
Amount of Tax in Rupees
Upto 1,000 cc
1001 cc to 1199 cc
1200 cc to 1299 cc
1300 cc to 1599 cc
1600 cc to 1999 cc
2,000 cc and above
7,500
12,500
17,500
30,000
40,000
80,000
23
Rate of Collecon of Tax on Cash Withdrawal from a Bank
Part IV Division VI
The Finance Bill, 2013 seeks to increase tax on cash withdrawal from a bank from 0.2% to 0.3% of the amount withdrawn.
Rate of Payment of Tax on Purchase of Motor Vehicles
Part IV Division VII
The Finance Bill, 2013 seeks to increase rate of advance tax on purchase of private motor cars and jeeps. Proposed rates
are as follows:
Engine Capacity
Amount of tax
Upto 850cc
851cc to 1000cc
1001cc to 1300cc
1301cc to 1600cc
1601cc to 1800cc
1801cc to 2000cc
Above 2000cc
Rs. 10,000
Rs. 20,000
Rs. 30,000
Rs. 50,000
Rs. 75,000
Rs. 100,000
Rs. 150,000
Rate of Advance Tax at the Time of Sale by Aucon
Part IV Division VIII
The Finance Bill, 2013 seeks to increase the rate of collecon of tax, at the me of sale by aucon, from 5% to 10% of the
gross sale price of any property or goods sold by aucon.
24
2013
Income Tax Ordinance, 2001
Tax to be collected from Cable Television Operator
Part IV Division XIII Para (2)
The Finance Bill, 2013 seeks to introduce withholding tax on provision of other distribuon services, at the following
rates:
Type of Channel as
Provided in PEMRA
Rules 2009
Tax on Issuance
of License
(Rupees)
Tax on
Renewal
(Rupees)
100,000
100,000
200,000
100,000
1,000,000
100,000
100,000
50,000
1,000,000
1,000,000
700,000
300,000
300,000
1,000,000
500,000
2,000,000
1,000,000
700,000
300,000
300,000
1,000,000
200,000
1,000,000
500,000
200,000
200,000
350,000
5,000,000
2,500,000
1,000,000
2,000,000
1,500,000
IPTV
FM Radio
MMDS
Mobile TV
Satellite TV Staon
News/Current Affairs
Sports
Regional Language
Health or Agro
Educaon
Entertainment
Specialized Subject Staon
Landing Rights per Channel
News/Current Affairs
Sports
Educaonal
Entertainment
Children
Advance Tax on Sale to Distributors, Dealers or Wholesalers
Part IV Division XIV
The Finance Bill, 2013 seeks to introduce advance tax on sale to distributors, dealers or wholesalers at the rate of 0.1%
of the gross amount of sales.
Advance Tax on Sale to Retailers
Part IV Division XV
The Finance Bill, 2013 seeks to introduce advance tax on sale to retailers at the rate of 0.5% of the gross amount of sales.
Collecon of Advance Tax by Educaonal Instuons
Part IV Division XVI
The Finance Bill, 2013 seeks to introduce collecon of advance tax by educaonal instutes at the rate of 5% of the
amount of fee whereby annual fee exceeds Rs. 200,000.
25
Second Schedule
Exempons & Tax Concessions
The Second Schedule relates to specific exempons granted in respect of total income; reducon in tax rates; reducon
in tax liability and exempon from specific provisions. The Finance Bill, 2013 proposes to withdraw, exempt or extend the
scope of exempon in respect of following sources of income:
Part I
Exempons from Total Income
Exempon on Free and Concessional Passage Withdrawn
Clause (53A (i))
The Finance Bill, 2013 seeks to withdraw exempon on free or concessional passage provided by transporters including
airlines to its employees (including members of their household and dependents)
Exempon on Income of any University or Other Educaonal Instuon Withdrawn
Clause (92)
The Finance Bill, 2013 seeks to withdraw exempon on any income of any university or other educaonal instuon
established solely for educaonal purposes and not for purpose of profit.
Exempon on Dividend in Specie Withdrawn
Clause (103B)
The Finance Bill, 2013 seeks to withdraw exempon on income from dividend in specie derived in the form of shares in
a company.
Grant of Tax Holiday to a Zone Enterprise and a Developer
Clause (126E)
The Finance Bill, 2013 seeks to extend exempon of tax on income derived by a zone enterprise from five years to ten
year starng from the date the developer cerfies that the zone enterprise has commenced commercial operaon and to
a developer for a period of ten year from the date of signing of the development agreement in the special economic zone
as announced by the Federal Government.
Part II
Reducon in Tax Rates
Reduced Rate of Tax on Imports
Clause (28)
The Finance Bill, 2013 seeks to reduce the rate of tax under secon 148 on import of hybrid cars as follows:
Engine Capacity
Rate of Reducon
Up to 1200 cc
100%
1201 to 1800 cc
50%
1801 to 2500 cc
25%
26
2013
Income Tax Ordinance, 2001
Part III
Reducon in Tax Liability
Withdrawal of Reducon in Tax Liability on Certain Allowances
Clause (1), (2)
The Finance Bill, 2013 seeks to withdraw reducon in tax liability on following allowances and incomes:
Flying allowance by pilots, flight engineers, navigators of Pakistan Armed Forces, Pakistani Airline or Civil Aviaon
Authority, Junior Commissioned Officers or other ranks of Pakistan Armed Forces, Submarine allowance received
by the officers of the Pakistan Navy which were previously taxed at the rate of 2.5% as a separate block of income.
Reducon of 50% of the tax liability of a senior cizen (Senior Cizen Allowance).
The reducon of 75% of tax liability of a full me teacher or a researcher, employed in a non-profit educaon or
research instuon duly recognized by Higher Educaon Commission (HEC), a Board of Educaon or a University
recognized by the Higher Educaon Commission (HEC).
The reducon in tax liability allowed, in a year in which the rupee is revalued or devalued, to a taxpayer whose
profits or gains are computed in accordance with the rules contained in the Fih Schedule to the Ordinance.
Exempon Extended to all Taxpayers
Clause (7)
The Finance Bill, 2013 purposes to extend Eighty percent (80%) reducon in minimum tax liability to any taxpayer engaged
in the business of distribuon of cigarees manufactured in Pakistan. Previously this reducon was available only to
companies.
Part IV
Exempons from Specific provisions
Tax Deducted at Import Stage to be treated as Adjustable Tax
Clause (56A)
The Finance Bill, 2013 purposes that advance tax deducted at import stage on foreign-produced films, TV plays and
serials, under secon 148, shall be treated as adjustable tax and not as final tax.
Exempon of Tax on Profit on Debt Withdrawn
Clause (59)
The Finance Bill, 2013 seeks to withdraw exempon of tax on profit on debt on Defence Savings Cerficates, Special
Savings Cerficates, Savings Accounts or Post Office Savings Accounts, or Term Finance Cerficate (TFCs). Previously such
profit was exempt from tax up to the limit of one hundred and fiy thousand rupees.
Certain Exempons Granted to Hajj Group Operators
Clause (72A)
The Finance Bill, 2013 seeks to exclude a Hajj Group Operator from the purview of:
Clause (l) of Secon 21 in respect of any expenditure for a transacon under a single account head exceeding
Rupees fiy thousand in aggregate
Secon 113 (minimum tax)
Secon 152 (withholding tax on certain payments to non-residents)
27
The above-cited exempon shall be available if the tax has been paid in respect of income from Hajj operaons:
@ Rs. 3,500 per Hajji for the Tax Year 2013
@ Rs. 5,000 per Hajji for the Tax Year 2014
Exempon of Withholding Tax at Import Stage to Industrial Undertakings
Clause (72B)
The Finance Bill, 2013 seeks to provide exempon from tax on import of raw material by industrial undertakings
consequent upon the payment of tax liability for the current tax year on the basis of tax liability for any of the preceding
two tax years, whichever is higher, and approval of the Commissioner by way of a cerficate.
Third Schedule
Depreciaon
Part II
Reducon in Inial Depreciaon Allowance
Clause (1)
The Finance Bill, 2013 seeks to reduce rate of inial depreciaon from 50% to 25%.
Seventh Schedule
Reducon in Rate of Tax on Dividend from Certain Funds
Rule 6
The Finance Bill, 2013 seeks to freeze the rate of tax on dividend received by a banking company from Money Market
Funds and Income Funds @ 25% for the Tax Year 2013 onwards.
28
2013
Sales Tax Act, 1990
Sales Tax Act, 1990
CREST-Computerized Risk-Based Evaluaon Program Defined
Secon 2(5AC), 8
CREST is an acronym of Computerized Risk-based Evaluaon of Sales Tax and this soware has recently been launched
by the FBR for analyzing and cross-matching of sales tax returns. CREST soware checks informaon in monthly returns,
import and export data and cross matches for every registered person. The CREST system has an in-built capacity to
verify the veracity of reply received from the registered person. CREST system is designed for Sales Tax and is based on
declaraons and covers areas as purchases including Input tax adjustment of buyers and suppliers; Zero Rated Sales to
registered person with non-acve ATL or blacklisted or suspended Sales Tax Registraon Numbers.
The proposed inseron seeks to include the definion of CREST to align implementaon of the program under the
provisions of tax laws.
The Finance Bill, 2013, proposes to introduce new clauses in order to disallow adjustment on the basis of discrepancies
indicated by CREST or where input tax is not verifiable in the supply chain.
Provincial Sales Tax for Input Tax Adjustment Redefined
Secon 2(22A)
Provincial sales tax redefined as tax levied under provincial laws or laws relang to Islamabad Capital Territory, which are
declared by the Federal Government through noficaon in the official Gazee, to be provincial sales tax for the purpose
of input tax.
Supply Chain Concept Reinforced
Secon 2(33A)
By virtue of the proposed amendment the Finance Bill, 2013 seeks to insert the definion of supply chain as the series of
transacon between buyers and sellers from the stage of first purchase or import to the stage of final supply.
The VAT mode taxaon is applied under thorough supply chain. VAT taxes all sales, whether wholesale or retail, but
allows registered traders to deduct the tax charged on their inputs. It is therefore a tax on the value added at each stage
of the producon process. The value of the final product is the total of the value added at each stage of producon.
Consequently, the tax is in effect imposed on the value of the final product but is collected in small chunks from each link
in the supply chain.
Concept of Time of Supply Clarified
Secon 2(44)
The definion of me of supply is proposed to be amended and the Finance Bill, 2013seeks that me of supply shall be
considered the me of delivery of goods or me when any payment is received by the supplier in respect of that supply,
whichever is earlier. The Bill proposes to insert a proviso that where any part payments is received:
for the supply in a tax period, it shall be accounted for in the return for that tax period; and
in respect of exempt supply, it shall be accounted for in the return for the tax period during which the exempon
is withdrawn from such supply.
29
Rate of GST Enhanced
Secon 3(1)
The Finance Bill, 2013 proposes to increase the rate of sales tax in the following manner:
For Registered Persons
For unregistered Persons
Present Rate of GST
Proposed Rate of GST
16%
16%
17%
19%
The Finance Bill, 2013 seeks to insert a new provision by which un-registered person would be charged 2% addional
sales tax.
The Bill proposes that the FBR may levy and collect tax on fixed basis or on the producon capacity of plants, machinery,
undertaking, establishments or installaons producing or manufacturing such goods instead of levying tax at the general
rate of tax.
Comissioner Empowered to Block Refunds
or Input Tax Adjustment
Secon 21
The Finance Bill, 2013 proposes to block sales tax refund or Input Tax credit of a registered person who is engaged in the
any of the following pracces:
Issuing fake or flying invoices
Claiming fraudulent input tax or refunds
Does not physically exist
Not conducng actual business
Comming any other fraudulent acvity
It further proposes to invesgate the affairs of such person through the concerned Commissioner having jurisdicon for
further invesgaon and iniate appropriate legal acon.
Scope of Maintaining of Record Enlarged
Secon 22(1)(ea)
The Finance Bill, 2013 proposes to make it mandatory to maintain the following further record:
Inward and outward gate passes
Transport receipts as legal document
Delegaon of Powers of Authories to Access to Premises and Record Extended
Secon 25
The Finance Bill, 2013 seeks to insert explanaon for removal of doubt regarding powers of Board, Commissioner and
officer of Inland Revenue. Through the introducon of this explanaon, the powers of the Commissioner and officer of
the Inland Revenue shall be independent of the powers of the Board and that the Board, Commissioner or the officer of
the Inland Revenue shall be authorized to have access to premises, stocks, accounts and records etc.
Posng of Inland Revenue Officer Delegated to Chief Commissioner
Secon 40B
The Finance Bill, 2013 seeks to amend this secon to equate powers of the Board and Chief Commissioner regarding
posng of Officers or officials of Inland Revenue to business premises for monitoring.
30
2013
Sales Tax Act, 1990
Monitoring or Tracking by Electronic or Other Means
Secon 40C
The Finance Bill, 2013 proposes to empower the Board for monitoring or tracking by electronic or other means the
producon, sales, clearance of stocks or any other related acvity of any registered persons and it further restricts that
no taxable goods shall be removed without affixing tax stamp, banderole, sckers, labels etc. in any such form, style and
manner as may be prescribed by the Board in this behalf.
Commissioner Appeals Empowered to Grant Stay against Tax Recovery
Secon 45B (1A)
The Finance Bill, 2013, seeks to allow Commissioner (Appeals) to grant stay of maximum 30 days from the recovery of tax
levied under the Sales Tax Act, 1990; if such collecon brings undue hardship to the taxpayer.
Procedure of Recficaon of Mistakes Raonalized
Secon 57
The Finance Bill, 2013, seeks to amend this secon to harmonize the concept of recficaon of mistake on the lines of
Income Tax Ordinance, 2001. Now Commissioner, Commissioner (Appeal) or the Appellate Tribunal may by an order in
wring amend any order in order to recfy the mistake apparent from record.
Whistleblower Reward to Inland Revenue Officers and Officials
Secon 72C
The Finance Bill, 2013 seeks to insert new secon to allow provision of reward to officers and officials of Inland Revenue in
case of detecon of concealment and evasion of sales tax. This provision of law is also in line with the proposed provisions
in the Income Tax Ordinance, 2001.
Change of Bank Accounts for Registered Persons Allowed
only Through Sales Tax Registraon Process
Secon 73
In an aempt to reinforce the transparent documentaon process by the registered persons, the Finance Bill, 2013, seeks
to amend explanaon of secon 73 to prescribe change in bank account through sales tax registraon form or through
change in parculars in registraon database.
31
Third Schedule
Sales tax chargeable on retail price
The Finance Bill, 2013 seeks to add items in the Third Schedule of the Act to charge sales tax on retail price basis on the
following items:
Sr.
No
Sr. No in
the Table
Descripon
Heading Nos. of the First Schedule to the
Customs Act, 1969 (IV of 1969)
1
22
Finished or made-up arcles of texle and
leather, including garments, footwear, and bed
ware, sold in retail packing
Respecve headings
2
23
Household electrical goods, including air
condioners, refrigerators, deep freezers,
televisions, recorders and players, electric
bulbs, tube-lights, fans, electric irons, washing
machines and telephone sets
Respecve headings
3
24
Household gas appliances, including cooking
range, ovens, geysers and gas heaters
Respecve headings
4
25
Foam or spring maresses, and other foam
products for household use
Respecve headings
5
26
Auto parts and accessories sold in retail packing
Respecve headings
6
27
Lubricang oils, brake fluid, transmission fluid,
and other vehicular fluids and maintenance
products in retail packing
Respecve headings
7
28
Tyres and tubes
Respecve headings
8
29
Storage baeries
Respecve headings
9
30
Arms and ammunion
Respecve headings
10
31
Paints, distempers, enamels, pigments, colours,
varnishes, gums, resins, dyes, glazes, thinners,
blacks, cellulose lacquers and polishes sold in
retail packing
Respecve headings
11
32
Ferlizers
Respecve headings
12
33
Cement sold in retail packing
Respecve headings
13
34
Tiles sold in retail packing
Respecve headings
14
35
Biscuits, confeconary, chocolates, toffees and
candies
Respecve headings
15
36
Other goods and products sold in retail packing
Respecve headings
32
2013
Sales Tax Act, 1990
Sixth Schedule
Table 1(Exempted Goods)
Sr.
No
Sr. No in
the Table
1
25
Heading Nos. of the First Schedule to the
Customs Act, 1969 (IV of 1969)
Descripon
Milk preparaons obtained by replacing one
or more of the constuents of milk by another
substance, whether or not packed for retail sale.
Omied
Notable Noficaons
SRO 501(I)/2013
The SRO seeks to exempt the import and supplies of the following goods from sales tax; previously these were charged as
zero rated through SRO 549(I)/2008:
Sr.
No
Descripon
PCT Heading
1
2
3
4
5
6
7
8
9
10
11
Uncooked poultry meat
Milk and cream
Flavored milk
Yogurt
Whey
Buer
Desi ghee
Cheese
Processed cheese not grated or powdered
Coon seed
Frozen, prepared or preserved sausages and
similar products of poultry meat or meat offal
Meat and similar products of prepared frozen or
preserved meat or meat offal of all types including
poultry meat and fish
2.07
04.01 and 04.02
0402.9900 and 22.02
403.1000
4.04
405.1000
405.9000
406.1010
406.3000
1207.2000
12
13
14
15
16
17
18
Preparaons for infant use, put up for retail sale
Fat filled milk
Soyabean meal
Oil cake and other solid residues, whether or
not ground or in the form of pellets
Colours in sets
Wring, drawing and marking inks
33
1601.0000
1602.3200, 1602.3900, 1602.5000,
1604.1100, 1604.1200, 1604.1300,
1604.1400, 1604.1500, 1604.1600,
1604.1900, 1604.2010,
1604.2020, 1604.2090,
1604.3000
1901.1000
1901.9090
2304.0000
2306.1000
3213.1000
3215.9010 and 3215.9090
Sr.
No
Descripon
PCT Heading
19
20
21
22
23
24
25
Erasers
Exercise books
Directly reduced iron
Pencil sharpeners
Energy saver lamps
Sewing machines of the household type
Purpose built taxis, whether in CBU or CKD
condion which are built on girder chassis and
having features, namely:·
Aack resistance central division along with
payment tray;
·
Wheelchair compartment with folding ramp
·
Taximeter and two-way radio system
Bicycles
Wheelchairs
Vessels for breaking up
Other drawing, marking out or mathemacal
calculang instruments
Pens and ball pens
Pencils including colour pencils
Compost (non-chemical ferlizer) produced and
supplied locally
Construcon materials to Gawadar Export
Processing Zone’s investors and to Export
Processing Zone Gawadar for development
of Zone’s infrastructure
4016.9210 and 4016.9290
4820.2000
72.03
8214.1000
8539.3910
8452.1010 and 8452.1090
8703.3226 and 8703.3227
29
30
31
32
33
34
35
36
34
87.12
8713.1000 and 8713.9000
89.08
9017.2000
96.08
96.09
2013
Sales Tax Act, 1990
SRO 504(I)/2013
The SRO seeks to make the following amendments in SRO 1125(I)/2011, aer this amendments benefit from the lower
rates of sales tax is no longer available on finished goods (i.e. leather goods, texles, carpets, sports goods and surgical
goods)
Exisng Rule
Sr. No
Proposed amendments
PCT heading No.
1
Leather and arcles
including
arficial
Footwear
thereof
leather
Leathers and arcles thereof,
excluding finished arcles of
leather and arficial leather
Chapter 41 and heading 64.06
2
Texle and arcles thereof
excluding monofilament, sun
shading, nylon fishing net, other
fishing net, rope of polyethylene
and rope of nylon, tyre cord fabric
Texle and arcles thereof,
excluding
(a)finished arcles of texles and
texle made-ups;
(b) mono-filament of more than
67 decitex;
(c) sun shading;
(d) fishing net of nylon or other
material;
(e)rope of polyethylene or nylon;
and
(f) tyre cord fabric
Chapters 50, 51, 52, 53, 54
(excluding 5407.2000), 55, 56
(excluding 56.08 and 56.09),
57(excluding made ups), 58, 59
(excluding 59.05, 59.10) and 60
3
Carpets
Carpets, excluding
finished condion
Chapter57 (excluding made ups)
6
Sports goods
Sports goods, excluding those in
finished condion
Respecve headings excluding
finished goods.
7
Surgical goods
Surgical goods, excluding those in
finished condion
Respecve headings excluding
finished goods”.
56
Other colouring maer and other
preparaons
Other colouring maer and other
preparaons excluding master
batches
3206.4900
68
Shoe adhesives
Omied
those
in
3506.9110
SRO 505(I)/2013
The SRO seeks to liable all the withholding agent to withhold sales tax at the full rate in case of payments against supplies
of taxable goods from unregistered persons.
SRO 509(I)/2013
The SRO seeks to charge sales tax @ 5% in addion to the standard of 16% on non-registered commercial and industrial
consumers of electricity and gas having monthly bill in access of Rs. 15,000.
35
The Federal Excise Act, 2005
Futher Duty to be Charged on Supply of Goods to Unregistered Person
Secon 3 (3A)
The Finance Bill, 2013 seeks to charge further duty at the rate of 2% in addion to normal duty in case of supply of
excisable goods and services to unregistered persons.
Scope of Maintaining of Record Enlarged
Secon 17 (1)
The Finance Bill, 2013 proposes that record relang to gate passes, inward or outward and transport receipts be
maintained for a period of 6 years by every registered person.
Commissioner Appeals Empowered to Grant Stay against Tax Recovery
Secon 33
The Finance Bill, 2013 proposes to empower Commissioner (Appeals) to grant stay against recovery of tax levied under
this Act, for a period not exceeding 30 days in aggregate, in case the taxpayer faces any hardship in making such payment.
This proposal is in line with the changes proposed in the Sales Tax Act, 1990.
Power of FBR Officers Clarified
Secon 35(3)
In order to remove any ambiguity, the Finance Bill, 2013 seeks to explain that the powers of the FBR officers regarding
examinaon, access to the record and departmental audit under different secons are independent from the powers
already vested with the FBR to select any person for audit through random or parametric computer ballot.
Whistleblower Reward to Inland Revenue Officers and Officials
Secon 42(c)
In order to enhance the collecon and stop concealment; the Finance Bill, 2013 proposes to reward officials and informers
providing credible informaon relang to cases of concealment and evasion of duty, aer realizaon of part or whole of
such taxes.
Posng of Inland Revenue Officer at Registered Persons Premises
Delegated to Chief Commissioner
Secon 45(2)
The Finance Bill, 2013 seeks to equate the powers of the FBR with Chief Commissioner regarding posng of officials to the
premises of registered person to monitor producon, removal or sale of goods and the stock posion or the maintenance
of records.
Monitoring or Tracking by Electronic or Other Means
Secon 45A
The Finance Bill, 2013 proposes that the FBR may monitor or track data regarding producon, sales, clearance, stocks or
any other related acvity either electronically or through other means, by noficaon in the official Gazee specifying
any registered person or goods in this regard. Furthermore, the FBR may restrict sale or removal of such excisable goods
without affixing tax stamps, sckers etc in such form, style and manner as may be prescribed.
36
2013
Federal Excise Act, 2005
First Schedule (Table I)
Rate of FED Enhanced on Aerated Waters
Sr. No. 4 & 5 of Table I
The Finance Bill, 2013 seeks to amend the rates on following goods:
Relevant Reference
in Schedule.
4
5
Descripon
Heading /Subheading number
Aerated Waters
Aerated Waters containing added sugar
or other sweetening maer or flavoured
Previous
Rate
Proposed
Rate
2201.102
6%
9%
2202.101
6%
9%
Rate of FED Enhanced on Cigarees
Sr. No. 9 & 10 of Table I
The Finance Bill, 2013 seeks to substute the serial 9 and serial 10 of Table 1 of First Schedule in the following manner:
Relevant Reference
in Schedule.
Descripon
Heading / SubHeading Number
Proposed
Rate
9
Locally produced cigarees if their on pack printed
retail price exceeds two thousand two hundred and
eighty six per thousand cigarees
24.02
Rupees two thousand
three hundred and twenty
five per thousand cigarees
10
Locally, produced cigarees if their retail price
does not exceed rupees two thousand two hundred
and eighty six per thousand cigarees
24.02
Rupees eight hundred and
eighty per thousand
cigarees
FED Levied on Oil Seeds and Motor Cars
Sr. No. 54 & 55 of Table I
The Finance Bill, 2013 purposes to remove serial 11 of Table 1 of First Schedule and seeks to add following at serial No.
54 and 55 of Table I in the following manner:
Relevant Reference
in Schedule.
54
55
Descripon
Heading / SubHeading Number
Oil seeds
Motor cars, including staon wagons
of 1800 cc or above
37
Respecve Headings
87.03
Proposed
Rate
Forty paisa per Kg
Ten percent ad.val
Table II
FED Levied on Services of Banking and Non-banking Corporate Sector
Sr. No. 8 of Table II
The Finance Bill, 2013 purposes to delete serial 7 in column (1) of Table II and seeks to substute the following at serial
8 of Table II, as follows:
Relevant Reference
in Schedule.
8
Descripon
Heading / SubHeading Number
Services provided or rendered by banking companies,
cooperave, financing sociees, modarabas, musharikas,
leasing companies , NBFC’s, Asset management
Companies and other persons dealing in such services.
98.13
Proposed
Rate
16%
Third Schedule
The Finance Bill, 2013 purposes to withdraw the exempon on:
Hydraulic cement imported or purchased locally by petroleum or energy sector companies
Lubricang oil supplied to Pakistan Navy for consumpon in its vessels.
Transformer oil if used in the manufacture of transformers supplied against internaonal tenders to a project
financed out of funds provided by the internaonal loan or aid giving agencies.
Exempon of Federal Excise Duty on services provided or rendered by Asset Management Companies is being withdrawn.
Notable Noficaons
Fixed duty on locally produced Oil
SRO 507(I)/2013
The SRO seeks to impose fixed duty with immediate effect at one rupee per Kg on locally produced oil purchased by a
manufacturer of vegetable ghee and cooking oil, in lieu of the federal excise duty payable @ 16% on vegetable ghee and
cooking oil produced or manufactured from locally produced oil and that shall be payable along with the monthly return
in which such locally produced oil is purchased.
Fixed Duty on Oil Seeds
SRO 508/2013
The SRO seeks to impose fixed duty of forty paisa per kilogram on oilseeds, at the import stage, in lieu of federal excise
duty payable at producon or manufacturing stage of vegetable ghee or cooking oil.
38
2013
CUSTOMS ACT, 1969
Customs Act, 1969
‘Goods Declaraon’ Includes Goods Declaraon for Transshipment (GD-TP)
Secon 2 (la)
The FBR has recently issued transshipment procedure for importers under Customs Computerized System for implemenng
the Web Based One Customs (WeBOC) on Naonal level. The FBR under SRO 174 (I)/2013 has explained the procedure
for filing and approval of GD-TP (Goods Declaraon for Transshipment) at the port of entry. The owner of goods or his
authorized bonded carrier shall access the Customs Computerized System through his assigned User ID, for filing online
Goods Declaraon for Transshipment (GD-TP), at the port of entry against the bill of lading manifested for transshipment
in the Import General Manifest (IGM).
The Finance Bill, 2013 proposes to incorporate filing of Goods Declaraon for Transshipment in Computerized Clearing
System to provide legal cover to rules provided for the Goods Declaraon for Transshipment (GD-TP).
Funconary of Directorate General of Input Output Co-efficient Organizaon (IOCO) Re-characterized
Secon 3DDD
The Finance Bill, 2013 seeks to provide legal cover to Directorate General of Input Output Co-efficient Organizaon (IOCO)
which shall consist of Director General and as many Directors, Deputy Directors, Assistant Director and other officers as
the FBR may, by noficaon in the official Gazee, may specify.
Provision of Security and Accommodaon
Secon 14A
The Finance Bill, 2013 seeks to bind port owners, managers or agencies who are managing customs port, customs
staon, freight staon to provide not only cost free accommodaon but also to provide security to Customs authories
for residenal purposes, offices, examinaon of goods, detenon and storage of goods and for other departmental
requirements to be determined by the Collector of Customs. Furthermore, the proposed amendment seeks to propose
that custodian of goods and terminal handlers to entertain any waiver of demurrage charges by the Custom authories
in favor of importer.
Recficaon of Errors Raonalized
Secon 32(4)
The Finance Bill, 2013 seeks to empower the officer to recfy the errors whereby any duty or charge has not been levied or
has been short levied or has been erroneously refunded and this has been discovered as a result of an audit examinaon.
For Discharging off Provisional Assessment Liability
Pay Orders Acceptable but Postdated Cheques Unacceptable
Secon 81
The Finance Bill, 2013 seeks to amend the provision in order to withdraw the mode of seling off provisional assessment
liability through postdated cheques and the new mode of discharging off provisional assessment liability through pay
order has been provided.
Adjudicang Jurisdicon and Powers of the Officers
Secon 179(1)
The Finance Bill, 2013 proposes to add a new proviso whereby in case of export of goods, the officers of Customs have
been vested with adjudicaon jurisdicon on the basis of FOB value of goods exported and twice their respecve
monetary adjudicaon limit.
Director of Valuaon Empowered to Authorize any Officer
for the Purpose of Filing of Reference before High Court
Secon 196(1)
In addion to Collector and Director of Intelligence and Invesgaon, The Finance Bill, 2013 proposes that Director of Valuaon
will also be authorized to file special reference before honorable High Court against the order of Appellate Custom Tribunal.
39
Customs Act, 1969
Notable Noficaons
Rate of Duty on Hybrid Vehicles reduced
SRO 499(I)/2013
By virtue of SRO 499(I)/2013 customs duty and sales tax on import of Hybrid Electric Vehicle has been slashed down to
the extent as under:
Sr. No
Engine Capacity
Extent of Exempon in leviable duty and taxes
1
2
3
Upto 1200 cc
From 1201 cc to 1800 cc
From 1801 cc to 2500 cc
100%
50%
25%
Concessionary Rate of dues withdrawn
SRO 497(I)/2013
Vide SRO 497(I)/2013 concessionary rate of custom duty has been withdrawn as under:
Sr. No of SRO 567
16
24
28
29
48
Descripon
Present concessionary rate
Preparaons put up in retail packing for
agriculture
Uncoated Kra paper and paper board in rolls or sheets
Virgin cra liner
Virgin white top cra
Semi – chemical flung paper
Flat rolled products of stainless steel, of a width of
600 mm or more
Silicon electrical steel sheet
LCD Panels in CBU form
Plasma display panels in CBU form
Grant of Exempons
0%
5%
0%
0%
0%
0%
0%
20%
20%
SRO 498(I)/2013
Vide this SRO exempon has been granted on import of solar submersible pumps, Energy saving lights and any other item
in relaon to geo thermal energy by amending SRO 575(me) /2006. This measure has been taken in order to overcome
energy crisis by giving incenve to the importers of above named goods. Further, this SRO restricts that exempon /
concessionary rate (provide in SRO 575(I)/2006) of customs duty and sales tax on import of specified agricultural
machinery will now apply only where such machinery is used for agriculture sector.
40
2013
Income Support Levy Act, 2013
Income Support Levy Act, 2013
The Finance Bill, 2013 seeks to promulgate an Act to be named as the Income Support Levy Act, 2013 (ISL). It shall come
into force at once. Some salient features of the proposed Act are as under:
Net Moveable Wealth
Secon 2(b)
It is the excess of aggregate value of movable assets, as declared in the wealth statement for the relevant tax year, over
the aggregate value of liabilies, for the relevant tax year.
Determinaon of Net Wealth
In determining the net wealth value the liabilies against the movable assets should be allowed in the following manner:
Where liability claimed relates wholly and exclusively to movable asset in that case such liability shall be allowed but no
liability will be allowed if it relates wholly and exclusively to immovable assets. However, where nature of asset to which
the liability relates is not determinable then liability shall be allowed on proporonate basis using the following formula:
(A/B) X C
Where:
A
is gross value of moveable assets
B
is gross value of both movable and immovable assets
C
is the gross value of debts owned
Valuaon Date
Secon 3
Levy would be charged on the last date of the tax year.
Time of Payment
Secon 4
Levy under this Act would be paid along with the filing of wealth statement.
Rate of Levy
Secon 9
Levy would be charged at the rate of 0.5% of the value of net moveable assets exceeding Rs. 1,000,000.
Some significant highlights of the proposed Act are as under:
Authorized officer of Inland Revenue to access the levy payable by order in wring and may issue a noce of
demand specifying therein the me and sum payable.
Charge default surcharge at the rate of 16% per annum on a person who fails to pay levy or levy paid is less than
the amount payable on the amount payable / less paid.
Same provisions would be applicable for the recovery of levy imposed under this Act as are applicable for collecon
of tax under the Income Tax Ordinance, 2001.
Same provisions would be applicable regarding the appeals, revision or recficaon of an order under this Act as
are provided under the Income Tax Ordinance, 2001.
41