Law: Sales Tax Act, 1990

Section: 8(1)(b),10,8,7(2),10(2)

(a) Sales Tax Act (VII of 1990)---S.8(1)(b)---SRO 1053(I)/93, dated 20-10-1993---"Stock-in-trade"--­Definition---Definition of term "stock-in-trade" as goods and commodities purchased for sale or conversion into finished goods was an arbitrary definition as it excluded all taxable goods that were not used for conversion of goods into finished goods and it effectively meant that only raw materials were entitled for input tax. (b) Sales Tax Act (VII of 1990)--- ----S.10---"Adjustment"---Connotation---Word "adjustment" has not been defined in the Sales Tax Act, 1990 and it has the same connotation as "input tax deduction". (c) Sales Tax Act (VII of 1990)--- ----Ss. 8, 7(2) & 10(2)---S.R.O. 1073(1)/81, dated 30-9-1981---S. R. O. 1111(1)/90, dated 1-11-1990---S.R.O. 1053(1)/93, dated 20-10-1993--­S.R.O. - 556(1)/96, dated 1-7-1996---S.R.O. 1307(1)/97, dated 10-12-1997---S.R.O. 578(1)/98, dated 12-6-1998---Tax credit not allowed---Components and spare parts of machinery---Adjustment of input tax credit on imported/locally purchased components/parts of plant and machinery was claimed---Refusal by the department- --Validity--­Accessories and spare parts of plant and machinery whether used as original equipment or as replacement parts for current use, have all along enjoyed input tax* credit from the very inception of the Sales Tax Act, 1990 and all attempts to the contrary have been nullified in view of the substantive provisions of law---Order was set aside by the Tribunal. Attock Cement (Pakistan) Ltd. v. Collector of Customs 1999 PTD 1892 rel. ORDER KHALIL MASOOD MEMBER (TECHNICAL).--- (1) These appeals have been filled against the aforestated Orders-in-Appeals, passed by the learned respondent No.1, on appeal by the appellant, against respective Orders-in-Originals, passed by the learned respondent No.2. 2. We heard these appeals at length and have also carefully considered the records of these cases. The counsels/consultant to the appellants vocally stressed by and large the following points:--- (i) Mr. Usman Consultant appearing on behalf of Messrs Sindh Alkalis Ltd. stressed that during December, 1992 to August, 1993 when the appellant claimed adjustment of…

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