Law:

Section:

(a) Sales Tax Act (VII of 1990)--- ----S.2(33) Finance Ordinance (XXI of 2000), S.2---Finance Ordinance (XXV of 2001), S.2---"Supply"--- Lease---Amendment---Financial lease-­Operating lease---Financial lease and operating lease had been excluded from the scope of definition of `supply' through the amendments made by Finance Ordinance, 2000 and Finance Ordinance, 2001 since these amendments were "clarificatory" in nature and were to operate retrospectively---Validity---Section 2 of the Finance Ordinance, 2000 and Finance Ordinance, 2001 made it effective from the date of respective Ordinance and no retrospectivity had been given to such amendments of the provisions of S.2(33) of the Sales Tax Act, 1990---Although the amendments were clarificatory in nature but these amendments showed the legislative intent to exclude financial lease and operating lease from the definition and scope of term "supply" for the purposes of levy and collection of sales tax with effect from 19-6-2000 and 18-6-2001 respectively. 2003 PTD 812 distinguished. (b) Sales Tax Act (VII of 1990)--­ ----S. 2(33)---Finance Ordinance (XXI of 2000)---Finance Ordinance (XXV of 2001) -"Supply"---Lease --Amendments in the Statute---No retrospective effect---Amendments made in S.2(33) of the Sales Tax Act, 1990 by Finance Ordinance 2000 and 2001 did not apply, retrospectively when there was no such express or apparent legislative intent to allow any such retrospection. (c) Sales Tax Act (VII of 1990)--­ ----S. 2(33)---Finance Ordinance (XXI of 2000)---Finance Ordinance (XXV of 2001)---"Supply"--- Lease---Amendment---Prospective effect--­Amendment in scope of term "supply" as in S.2(33) of the Sales Tax Act, 1990, as enacted through the Finance Ordinance, 2000 and 2001, shall apply prospectively with reference to the respective amendments. 2002 MLD 296 ref. (d) Sales Tax Act (VII of 1990)--- ----S. 2(33)---"Supply"---Construction---Term used in definition of "supply" under S.2(33) of the Sales Tax Act, 1990 is "includes" which cannot be construed to be restrictive in nature. (e) Sales Tax Act (VII of 1990)--- ----S. 2(33)---Finance Ordinance (XXV of 2001)---"Supply"---Lease--­Amendment---Operating…

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