Law: Sales Tax Act, 1990

Section: 59,7,8,10

Sales Tax Act (VII of 1990)---Ss. 59, 7, 8 & 10---Apportionment of Input Tax Rules, 1996,. R.3(1)--­Tax paid on stocks acquired before registration ---Determination of input tax---Claim of refund in the monthly return of October, 1997 by the assessee was rejected by the Assessing Officer on the ground that the stock on 3-10-1997 related to Bill of Entry, dated 24-3-1997, being much beyond the tax period of 1997, was not admissible and. also after repeal of S.59 of the Sales Tax Act, 1990 the claim of assessee was not tenable which was confirmed by the First Appellate Authority---Validity---Repeal of S.59 of the Sales Tax Act, 1990 did not affect the case of the assessee as the same related to persons, firms or companies who were new taxpayers and the assessee was not a new taxpayer ---Assessee was in possession of imported raw material and finished goods made out of the same, which had been imported against the Bill of Entry cleared by the Customs under S.79 of the Customs Act, 1969 and he was making taxable supplies---Refund claimed by the assessee was fully covered by the law and was allowed by the Tribunal in circumstances---Orders of Assessing Officer and First Appellate Authority were set aside. JUDGMENT MUHAMMAD SULAIMAN, MEMBER (TECHNICAL).---This appeal has been directed against the Order-in-Appeal No.CE/ST-89 of 1998, dated 7-11-1998 Order-in-Original No.10/1999, dated 9-2-1999 passed by the learned Collector of Customs and Central Excise, Peshawar. 2. The brief facts of the case -are that Messrs Peoples Concern (Pvt.) Ltd., Industrial Estate Gadoon Amazai have filed a refund claim of input tax credit amounting to Rs.412,339.00 vide Monthly Return of October, 1997 showing the outstanding credit in Col. 5 of the Return. The scrutiny of relevant return revealed no purchases at all during the relevant tax period and also nothing was furnished by the management with their subsequent letter, dated 9-12-1997 in support of the said claim. Thus having reasons to believe about the inadmissibility of refund, the said registered person was served a show-cause notice vide C. N.IV-ST(Refund)10/97/118, dated 16-12-1997. Subsequently the claim of the party was…

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