Law: Sales Tax Act, 1990

Section: 13,2(41),4,7(2),7

Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan (1973)--- ----Art. 189---Obiter dicta in of Supreme Court---Effect---Decisions of Supreme Court are binding even to the extent of obiter dicta in s---Authority to explain of Supreme Court is also with Supreme Court. (b) Sales Tax Act (VII of 1990)---Ss. 2 (41), 4 & 13---Supply, taxable and exempted---Scope---Anything produced in Pakistan if supplied is covered within the definition of "taxable supply" but it does not include supplies which have specifically been exempted or which have been declared to be as "zero rated"---Basic difference between "exempt" and "zero rated" supply is that though both of them do not pay any sales tax on their supplies but the person who is making supply as zero rated is entitled to credit for tax paid on his business purchases, whereas person making exempt supply is not entitled to seek refund or adjustment of input tax. (c) Sales Tax Act (VII of 1990)--- ----S.4 & Sched. 5---Customs Act (IV of 1969), S.24---"Zero per cent"--Connotation---Phrase "zero per cent" is nothing more than declaring a supply to be practically as exempt from sales tax---Meaning of expression as contained in S.4 of Sales Tax Act, 1990, is exactly that goods specifically mentioned in 5th Schedule or goods which are specified in S.24 of Customs Act, 1969, for consumption abroad or those which are notified in official Gazette by Federal Government are all exempt---Such concept appears to have been introduced only for the purpose of claiming adjustment or refund of input tax which a supplier may have paid on his purchases. (d) Interpretation of statutes--- ----Fiscal statute---One has to look merely at what is clearly said; there is no room for any intendment and there is no equity about a tax---Nothing is to be read in, nothing is to be implied---One can only look fairly at the language used. Messrs Elahi Cotton Mills and others v. Federation of Pakistan through Secretary M/O Finance, Islamabad and 6 others PLD 1997 SC 582 fol. (e) Sales Tax Act (VII of 1990)--- ----Ss. 3, 4 & 7(2)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Deduction of input tax from output tax---principle---Petitioners…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492