Académique Documents
Professionnel Documents
Culture Documents
ICAP
Practice Kit
Note:
Updated for the Finance Act 2018
Third edition published by
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C
Advanced Taxation
Contents
Page
Section A Questions 1
Section B Answers 65
S
Advanced Taxation
Syllabus objective
and learning outcomes
CERTIFIED FINANCE AND ACCOUNTING PROFESSIONAL
ADVANCED TAXATION
Objective
To develop capability to perform duties of a professional accountant or support tax consultant.
Learning Outcome
On the successful completion of this paper candidates will be able to:
1 develop expert knowledge of Income Tax, Sales Tax and Federal Excise Duty law in Pakistan
(excluding case laws)
Grid Weightage
Income tax laws 50-55
Sales tax laws 30-35
Federal excise laws 10-15
Professional values, ethics and attitude 5-10
Total 100
Syllabus
Contents Level
Ref
A Income tax laws
1 The Income Tax Ordinance, 2001 3
2 Notifications, Rules, General orders and Circulars issued under the Income Tax 3
Ordinance, 2001 excluding specific double taxation agreements
Syllabus
Contents Level
Ref
B Sales tax laws
1 The Sales Tax Act, 1990 3
2 The Provincial Sales Tax 3
3 The Islamabad Capital Territory (Tax on Services) Ordinance, 2001 3
4 Notifications, Rules, General orders and Circulars issued under the Sales Tax 3
Act, 1990
C Federal excise laws
1 The Federal Excise Act, 2005 (Chapters I and II only) 2
2 Notifications, Rules, General orders and Circulars issued under the Federal 2
Excise Act, 2005 relevant to Chapters I and II only
D Professional values, ethics and attitude
1 Principle of fair tax legislation and tax administration 2
2 Ethics for tax payers and tax practitioners 3
3 Tax evasion and avoidance 3
I
Advanced Taxation
Question Answer
page page
Chapter 1 –INDIVIDUAL
2 Mr. Khan 2 68
3 Mr.Yaqeen 3 70
4 Mr.Sohail 4 72
5 Mr.Iqbal 4 72
6 Mr.Saif 6 75
7 Mr.Pansari 7 77
8 MH Associates 8 78
Chapter 2 – Association of Persons and Company Taxation
9 Big Pharma 9 80
10 Rainbow Limited (RL) - Foreign Controller / thin capitalization 10 82
11 Mateen and Vaqas 11 83
12 Mega Limited (ML) 11 85
13 Rose Petal Limited - Construction 13 87
14 Saturn Limited - Foreign Branches / Tax Credit 13 88
15 Sun Limited (SL) - Group Relief 14 90
16 Pills (Pvt) Limited 15 92
17 Maroof Limited (ML) - Construction contracts 16 95
Question Answer
page page
20 Khawar Associates (KA) 19 100
21 Khalis Limited (KL) 20 102
22 ZJ Limited 21 105
23 Desi (Pvt) Limited - Thin Capitalization 23 107
24 Bismil Limited 23 108
25 Income from Business 25 110
26 RM Associates 25 111
27 Loyal (Pvt) Limited 26 112
Chapter 3 – Sales Tax
28 Olive Limited 28 115
Question Answer
page page
50 Withdrawal of approval to Non-Profit/foundations (IT Rules) 46 143
51 Residential Status 46 144
52 Beetle Limited (BL) 46 145
53 Skilled (Pvt.) Limited - Taxability of Joints Venture 47 146
54 Short term resident 47 146
55 Group Taxation 47 146
64 Associates 49 150
65 Tax evasion and avoidance 49 150
Question Answer
page page
83 Pakiza Limited 52 157
84 National Finance Commission 52 158
85 Pledge Call Transaction 53 159
86 Non-Revenue Objective 53 159
Chapter 6 –Other Areas – Sales Tax
98 Registration 56 166
Question Answer
page page
115 Tier-1 Retailers 59 173
116 Conditions under Sales Tax Rules, 2006 59 174
Chapter 7 –Other areas federal excise act.
A
Advanced Taxation
SECTION
Questions
CHAPTER 01 – INDIVIDUAL
Rs.
Sales of imported generators 574,200
Receipts from consultancy services 55,000
Total revenue 629,200
Cost of sales (generators) (429,520)
Gross profit 199,680
Administrative and selling expenses (96,300)
Finance cost (9,000)
Profit before taxation 94,380
(vi) On July 01, 2018,Mr.Adil let out his apartment to a close relative at a monthly rent of Rs. 10,500.
The fair market rent in the area was Rs. 12,250. He also received a non-adjustable deposit of Rs.
110,000. Another non-adjustable deposit of Rs. 85,000 received from an earlier tenant in July
2016 was refunded.
(vii) Mr.Adil purchased 50,000 shares of Rs. 10 each, of an unlisted public company in July 2014 at
the rate of Rs. 150 per share. In August 2015, he received bonus shares, ranking pari passu, in
the ratio of 1 bonus share for every 5 shares held. In May 2019, he sold 80% of his bonus shares
at a price of Rs. 135 per share.
Required:
In the light of the provisions of Income Tax Ordinance, 2001, compute the taxable income and tax
liability of the following for the tax year 2019:
(a) Burq Enterprises
(b) Mr.Adil
2 Mr. Khan
Mr. Khan has been working for a listed company Turtle Limited (TL) for the last many years. The details
of his emoluments during the tax year ended June 30, 2019 are as under:
Rupees
In addition to the above cash emoluments, Mr. Khan was also provided with the following:
(a) A rent free furnished accommodation with a fair market rent of Rs. 100,000 per month.
(b) An 1800cc company maintained car, both for business and private use. The car was purchased
by TL on July 1, 2016 at a fair market value of Rs. 2,000,000.
(c) On July 1, 2018 he was provided with an interest free loan of Rs. 2,500,000 which is repayable in
lump sum in December 2019. The prescribed benchmark rate is 10% per annum. On December
1, 2018 Mr. Khan utilized 60% of the amount of loan for purchasing a double storey bungalow.
The total cost of the bungalow was Rs. 25,000,000. The bungalow, on its ground floor, also had
a suitable space for opening a departmental store.
In order to increase its operational efficiency, TL announced a redundancy scheme to its employees.
Mr. Khan opting for the scheme resigned from TL with effect from January 1, 2019. Upon resignation,
25% of his outstanding loan balance was waived by TL and the remaining loan amount was adjusted
from his final settlement. He received the following payments from TL:
Rupees
Compensation under the redundancy scheme 4,000,000
Gratuity under unapproved scheme 2,000,000
(i) Tax of Rs. 1,837,000 was withheld by TL from the above payments.
(ii) Mr. Khan was allowed to purchase the 1800cc car at an accounting book value of Rs. 1,000,000
which he sold in the open market at a price of Rs. 1,500,000.
(iii) On March 1, 2019,Mr. Khan rented out the ground floor of his bungalow to Mr.Riaz, for
establishing a departmental store, at a monthly rent of Rs. 137,500. Due to the strategic location
of the store, he also received adjustable and non-adjustable deposits of Rs. 600,000 and Rs.
500,000 respectively.
(iv) On April 1, 2019, he rented out the residential portion of the bungalow to a Commercial Bank for
their marketing executive. He received gross amount of Rs. 2,400,000 as two year‟s advance
rent. The Bank deducted tax of Rs. 197,500 from such payment.
(v) A donation of Rs. 500,000 was made to an un-approved trust for the construction of mosque.
(vi) In July 2016, Mr. Khan was issued shares in TL. The fair market value of shares at the time of
issue was Rs. 500,000. He disposed off these shares in June 2019 at a gain of Rs. 500,000.
Required:
Compute the taxable income, tax liability and tax payable/ refundable, if any, to Mr. Khan for the tax
year 2019. The average rate of tax of Mr. Khan for the last three years was 14%.
Note: Show all exemptions, exclusions and disallowances where relevant.
3 Mr.Yaqeen
Mr.Yaqeen, a Pakistani citizen, returned to Pakistan on 30 June 2018 after residing for six years in
Norway.On 1 July 2018 he joined a private hospital KKUH and received following emoluments:
Rupees
Basic salary (per month) 500,000
Medical allowance (per month) 60,000
Leave fare assistance 240,000
On 1 January 2019, Mr.Yaqeen resigned from the hospital and joined Dil (Private) Limited (DPL), a
company engaged in health care and production of dental products. Mr.Yaqeen received Rs. 3,000,000
from DPL as consideration for joining the company. DPL agreed to pay following emoluments to
Mr.Yaqeen for the tax year 2019:
Rupees
Basic salary (per month) 800,000
Medical allowance (per month) 80,000
Utilities allowance (per month) 100,000
On 1 January 2019, DPL provided him with refrigerator, cooking range and washing machine for his
use at home. The book value of these appliances was Rs. 200,000 and these were returnable to the
company after four years. 15% depreciation was charged by DPL on these appliances.
On 31 March 2019, he was given an option to purchase 2,000 shares of DPL at Rs. 50 per share. The
breakup value of the company on that date was Rs. 150 per share.
On 1 April 2019, he received a loan of Rs. 5,000,000 from DPL for the purchase of a house. The profit
on loan was payable at the rate of 8% per annum. The prescribed bench mark rate is 10% per annum.
Other information relevant to Mr.Yaqeen for the tax year 2019 is as under:
(i) On 15 April 2019, he fell ill and was admitted to KKUH where he had been working during his
employment. The hospital incurred Rs. 50,000 on his treatment but charged nothing to him.
(ii) On 30 April 2019, he received salary arrears of Rs. 900,000 from his ex-employer in Norway.
(iii) Mr.Yaqeen had 30 acres of agricultural land in Dheer which he did not cultivate himself. During
tax year 2019, he received annual rent of Rs. 600,000 from the tenant cultivating the land.
(iv) On 1 May 2019, he spent Rs. 800,000 on the renovation of his residential house. The entire
amount was obtained as a loan from a scheduled bank on which a profit of Rs. 20,000 was paid
to the bank during the tax year 2019.
(v) On 15 June 2019, he received insurance claim of Rs. 600,000 against theft of a painting which
was stolen on 31 May 2019. The painting was purchased by him on 1 January 2018 for Rs.
350,000. He had paid insurance premium of Rs. 24,000 and also paid lawyer‟s fee of Rs.
50,000 who represented him in the settlement proceedings.
(vi) On 15 July 2018, Mr.Yaqeen received 20,000 shares in AB (Private) Limited (ABL), a company
incorporated under the Companies Act, 2017 as a dividend in specie. On 30 June 2019, he sold
15,000 shares in ABL for Rs. 425,000. The fair market value of these shares, on the date of
issue, was estimated at Rs. 25 per share.
Required:
Under the provisions of Income Tax Ordinance, 2001 compute the taxable income and net tax payable
for the tax year 2019. Give brief reasons for the treatment of items in (v) and (vi) above. Also explain
the treatment of any items that are not appearing in your computation.
4 Mr.Sohail
Mr.Sohail, a resident individual, owns a building in Clifton area of Karachi. On 1 October 2018, he
rented out the building to Mr.Baqir at an annual rent of Rs. 1,200,000. This amount included Rs. 15,000
per month for arranging two security guards for the building. Following expenses were incurred by
Mr.Sohail on the building during the tax year 2019.
Rupees
Repairs and renovation 35,000
Property tax 20,000
Insurance premium 10,000
Rent collection charges 3,000
Mr.Sohail also paid a salary of Rs. 4,000 per month to each of the two security guards at the building.
Required:
Under the provision of Income Tax Ordinance, 2001 calculate the taxable income of Mr.Sohail under
the appropriate heads of income for the tax year 2019.
5 Mr.Iqbal
Mr.Iqbal, aged 45 years, is working as a Chief Engineer in a listed company Tameer Limited (TL). The
company is engaged in the manufacture of chipboards for the local market. He derived following
emoluments during the tax year ended 30 June 2019:
Rupees
Basic salary (per month) 300,000
Cost of living allowance (per month) 50,000
Milkallowance (per month) 10,000
In addition to the above emoluments, Mr.Iqbal was also provided the following:
(i) Special bonus equal to one month‟s basic salary paid on 5 June 2019.
(ii) A new company maintained car for his personal use. The car was purchased on1 March 2019 at
a cost of Rs. 1,800,000. However, the cost of the car would have been Rs. 3,000,000 had the
company obtained it on finance lease. Mr.Iqbal, in accordance with the terms of his employment,
purchased his previous car from TL for Rs. 250,000. This car was provided to him solely for
business purposes. The fair market value of the car at the time of sale to Mr.Iqbal was Rs.
600,000.
(iii) A reimbursement of Rs. 36,000 in respect of driver‟s salary. Mr.Iqbal paid Rs. 60,000 to the driver
for four months.
(iv) A fully furnished accommodation in DHA, Karachi. The fair market value of the rent was
estimated to be Rs. 85,000 per month.
(v) An option to acquire 4,000 shares in TL‟s parent company, Tameer Inc. which is listed on New
York Stock Exchange was granted to him in May 2018. Mr.Iqbal exercised the option on 5
January 2019 at a price of USD 1.5 per share. The market value of the shares at the close of
business on 5 January 2019 was USD 2.5 per share. He sold 3,000 shares on 30 June 2019 at a
price of USD 3 per share. The dollar rupee parity on both the above dates was USD 1 = Rs.100.
(vi) On 15 May 2019 Mr.Iqbal was provided 800 shares in TL as a reward for his excellent
performance. However, he was restricted from selling or transferring these shares before 16
November 2019. The market value of these shares at the close of business on 15 May 2019 was
Rs. 12.5 per share.
Mr.Iqbal received additional income from the following sources, for the tax year 2019:
(i) Brokerage fee of Rs. 200,000 in connection with the transfer of two apartments in Islamabad.
The brokerage fee was received in cash. Mr.Iqbal incurred an expense of Rs. 30,000 against
telephone costs and air travel to Islamabad in connection with the above deal. He also paid Rs.
10,000 as a gift to his brother for showing the apartments to his clients in Islamabad.
(ii) Profit of Rs. 150,000 on a savings account maintained with an Islamic bank. The bank
deducted withholding tax of Rs. 15,000 and Zakat of Rs. 25,000.
(iii) He also received an income tax refund of Rs. 225,000 related to tax year 2017. The amount
included Rs. 25,000 being compensation for delayed refund.
(iv) Annual rent of Rs. 800,000 from letting out a building to KK Enterprise. Following expenses
were incurred by Mr.Iqbal in relation to the building: repairs Rs. 200,000, fire insurance
premium Rs. 30,000, ground rent Rs. 10,000, watchman‟s salary Rs. 8,000 and interest of Rs.
15,000 on a loan obtained for building renovation by creating first charge on the building in
favour of a scheduled bank.
Other related information is as under:
TL deducted withholding tax of Rs. 1,200,000 from Mr.Iqbal‟s salary during tax year 2019.
On 1 July 2018, Mr.Iqbal acquired a life insurance policy and paid a premium of Rs. 500,000.
He also contributed Rs. 1,600,000 to an approved pension fund.
On 1 August 2018, he purchased 50,000 shares in a listed company AB Limited at a price of
Rs. 20 each. On 1 January 2019, AB Limited announced 20% right shares to existing
shareholders at a price of Rs. 18 per share. On 25 January 2019, Mr.Iqbal subscribed the right
issue in full.
During tax year 2018 his assessed taxable income was Rs. 3,000,000.
Required:
Under the Income Tax Ordinance, 2001 and Rules made there under, compute the taxable income and
income tax payable by or refundable to Mr.Iqbal for the tax year ended 30 June 2019.
Note: Show all exemptions, exclusions and disallowances where relevant.
6 Mr.Saif
Mr.Saif is a country manager in Rio (Pvt.) Limited (RPL), a company engaged in the business of
manufacturing and supply of beauty products. During tax year 2019, RPL paid him a monthly basic
salary of Rs. 600,000. He is also entitled to a bonus of Rs. 900,000 to be paid in July 2019.
In addition to above, Mr.Saif was also provided the following:
(i) A company maintained car for both his personal and official use. The car was obtained on lease
in 2018 at total rentals of Rs. 2,000,000 to be paid over the lease term. The fair market value of
the car at the commencement of lease was Rs. 1,500,000. RPL also paid Rs. 100,000 for its
maintenance to a local workshop.
(ii) A fully furnished two storey bungalow in a posh locality. The annual rental value of the bungalow
was Rs. 2,400,000.
On 1 January 2019, Mr.Saif let out the first floor of the bungalow to his brother Mr.Moiz at a
monthly rent of Rs. 75,000 and also insured it against the risk of fire. The premium payable to
the insurance company amounted to Rs. 50,000. Mr.Saif paid 50% of the premium immediately
and agreed to pay the balance on 1 July 2019. He also bought an LCD TV for Rs. 70,000 for the
first floor.
(iii) Reimbursement of Rs. 120,000 against air tickets for family vacation. Total cost of tickets was
Rs. 200,000. Mr.Saif paid Rs. 10,000 as advance tax on purchase of tickets.
(iv) On 1 January 2019, RPL sold certain items of old stock to Mr.Saif for Rs. 5,000. The net
realizable value of the stock in RPL‟s books as on 30 June 2018 and 31 December 2018 were
Rs. 12,000 and Rs. 14,000 respectively. The original cost of the stock was Rs. 25,000.
(v) Withholding tax deducted by RPL from Saif‟s salary amounted to Rs. 2,100,000.
Following further information is also available:
(i) On 1 July 2018, he borrowed Rs. 3,000,000 from a bank at 11% mark-up. The amount is
payable in two equal annual instalments starting from 1 July 2019. Out of the above loan,
Mr.Saif utilized Rs. 2,550,000 for the acquisition of a plot of land in an industrial area and Rs.
450,000 for the purchase of a car for his son. On 1 September,2018 he let out the plot of land
to Mr.Amir at a monthly rent of Rs. 25,000. He also received an un-adjustable deposit ofRs.
150,000 and paid Rs. 10,000 for levelling and cutting of grass, Rs. 15,000 against ground rent
and Rs. 18,000 for rent collection.
(ii) On 1 May 2019 he sold 1,200 shares in Mio Limited at Rs. 50 per share and incurred incidental
expenses of 0.5% of sale proceeds. Mio Limited is an unlisted company in which 55% of the
shares are held by Chinese Government. Mr.Saif had received these shares on 30 June 2018
as dividend in specie from Rahat (Pvt.) Limited. He holds 12,800 shares in Rahat (Pvt.) Limited
costing Rs. 35 each.
(iii) In August 2018,Mr.Saif started a fitness club for corporate executives. The admission and
monthly membership fees for the potential members were fixed at Rs. 25,000 and Rs. 5,000
respectively. A group of 20 persons joined the club in August 2018 whereas 25 persons joined
in January 2019 and 30 in March 2019.
Following items were included in club‟s profit and loss account for the tax year 2019:
Monthly salary of Rs. 60,000 to Mr.Saif and Rs. 45,000 to his son by way of a direct
transfer of funds to their bank accounts. His son is a trainer at the club. Withholding tax
deducted from their salaries amounted to Rs. 13,000 and Rs. 4,750 respectively.
Rs. 2,750,000 against import of old fitness machines from China. The withholding tax paid
at import stage was Rs. 150,000.
Fine of Rs. 15,000 which was paid when the truck delivering the fitness machines from the
port to the club was found to be overloaded.
A fire occurred in a section of the club and repairs had to be undertaken as follows:
Cost of replacing electrical wiring damaged by fire Rs. 85,000
Cost of a new non-removable fire protection screen installed to prevent fire in future
Rs. 200,000.
Other miscellaneous expenses amounting to Rs. 120,000.
(iv) On 15 June 2019,Mr.Saif donated a plot of land to Pakistan Sports Board. He had purchased
this plot in tax year 2004 at a price of Rs. 300,000. However, at the time of donation, a broker
had given him an offer of Rs. 500,000 for the said plot.
Required:
Under the provisions of Income Tax Ordinance, 2001 and Rules made there under, compute the
taxable income and income tax payable by or refundable to Mr.Saif for the tax year 2019.
Note: Show all relevant exemptions, exclusions and disallowances.
7 Mr.Pansari
Mr.Pansari, a Pakistani citizen, is working as a company secretary in Sukoon Limited (SL), an un-listed
public company, engaged in the business of production and supply of olive oil. Following are the details
of his emoluments during the year ended 30 June 2019.
Rupees
Basic salary per month 450,000
Conveyance allowance per month 50,000
In addition to the above cash emoluments, Mr.Pansari was also provided with the following:
(i) A 2000cc company maintained car both for business and private use. The car was purchased
st
at the 1 day of tax year 2018 at a cost of Rs. 3,000,000. However, the current market value of
the car is Rs. 3,500,000.
(ii) A special payment of Rs. 75,000 in lieu of leave was made available to him.Mr.Pansari,
however, voluntarily waived his right to receive such payment.
(iii) Free provision of two cans of olive oil per month. The market value of each can was Rs. 500.
(iv) In July 2017, he was granted an employee stock option to purchase up to 15,000 shares in
SL‟s holding company, Trio Limited, situated in Bermuda, at an option price of USD 3 per
share. The shares were required to be purchased within eighteen months from the option date.
Mr.Pansari exercised the option in September 2018 to purchase 8,000 shares when the market
price of the shares was USD 5 per share. After two months of the acquisition, Mr.Pansari sold
6,000 shares at a price ofUSD 8.5 per share. (Assume the dollar rupee parity on the above
dates wasUSD 1 = PKR 102).
8 MH Associates
For the purpose of this question, assume that the date today is 15 August 2018.
Masood and Ali Hassan established a consultancy firm, MH Associates (MHA), for providing
accounting and taxation services to SMEs in Punjab. They share profits and losses in the ratio of 60:40
respectively. During the year ended 30 June 2019 MHA earned profit before tax of Rs. 6,000,000
which included of an exempt income of Rs. 800,000. MHA‟s tax liability for the year amounted to Rs.
1,079,500. However, MHA paid Rs. 1,100,000 as advance tax against the tax liability.
Following further information is available about Masood for the year ended 30 June 2019:
(i) On 1 May 2018 Masood received 3,000 shares, by way of a gift from his father, in Lucky Inc., a
company registered on Toronto Stock Exchange. On 1 January 2016 his father had bought
these shares at a price of CAD 20 per share (equivalent to PKR 1,300 per share). The market
value of each share at the time of transfer to Masood was CAD 28 (equivalent to PKR 2,100
per share).
On 15 June 2019 Masood sold 2,500 shares in Lucky Inc. to an investor for CAD 32 per share
and paid a brokerage commission of CAD 0.2 per share to the stock broker. He also paid
income tax of CAD 1,500 to the tax authorities in Toronto. The exchange rate at the time of
above transaction was CAD 1 = PKR 90.
(ii) On 10 June 2019 Masood received royalty of Rs. 2,300,000 on publication of his book „Slum-
Dwellers‟ on children living in urban slums. It took him nineteen months to complete the book.
The entire cost of publication was borne by the publisher. Masood‟s average rates of tax for the
last two tax years were 17% and 19% respectively.
(iii) On 20 June 2019 Masood earned gross rent of Rs. 150,000 from a construction company for
using his fork lifter on their site. The company withheld tax of Rs. 12,000 from the payment.
Masood incurred Rs. 15,000 for repair of the fork lifter.
(iv) On 30 June 2019 Masood paid Rs. 50,000 in cash on account of Zakat to an approved NGO.
Required:
Under the provisions of the Income Tax Ordinance, 2001 and Rules made there under, compute the
total income, taxable income and tax payable by or refundable to Masood for tax year 2019.
Note: Show all relevant exemptions, exclusions and disallowances.
9 Big Pharma
Big Pharma Limited (BPL) is engaged in the manufacturing of pharmaceuticals products. The
Company has three branches in Pakistan and one branch each in Qatar and Oman. BPL sells its
products through various distributors. Assume that the company‟s profit and loss account and the
related details for the period ending June 30, 2019 are as under:
Rs. in ‘000
Sales 96,000
Cost of sales (66,850)
Gross profit 29,150
Administrative and selling expenses (10,600)
Finance cost (3,100)
Other charges (including WWF of Rs. 0.350 million) (2,400)
Other income 4,100
Profit before taxation 17,150
Opening and closing balance of provision for bad debt account was Rs. 2.50 million and 3.10 million
respectively. Bad debts written off during the year include an interest free loan of Rs. 0.20 million
provided to Oman branch.
Finance cost includes unrealized exchange loss of Rs. 1.35 million and interest of Rs. 1.30 million
paid on a working capital loan acquired from a non-resident foreign bank. No tax was deducted by the
company on payment of interest considering the bank did not have any permanent establishment in
Pakistan.
Other income includes: Rs. in ‘000
Profit from Qatar branch 2,700
Loss from Oman branch (3,400)
Tax depreciation for the year was Rs. 6.00 million. There was also a carried forward tax loss of Rs.
6.10 million and an unadjusted foreign tax credit of Rs. 0.12 million from tax year 2018. Following
taxes were paid by the company during the year:
Rs. in ‘000
Deducted and paid by distributors 2,450
Paid on import of raw material 2,000
Taxes paid in Qatar 225
Unadjusted minimum tax for prior years 450
Required:
Compute the income tax liability of the company for the tax year 2019. Tax rate applicable to the
company is 29%.
Rs. in million
Assets 2,900
Liabilities 2,670
Assume that the dollar rupee parity during the year ended June 30, 2019 remained constant at
US$1=Rs. 85.
Required:
(a) State, with reasons, which of the above lenders can be classified as “Foreign controller” in
relation to the thin capitalisation rules under the Income Tax Ordinance, 2001.
(b) Calculate the deductible profit on debt for the tax year ended June 30, 2019.
Rupees
Sales 10,500,000
Cost of sales (4,410,000)
Gross profit 6,090,000
Salaries and wages (3,165,000)
Rent and rates (582,000)
Travelling and entertainment (273,000)
Depreciation (975,000)
Profit before taxation 1,095,000
Salaries and wages include salaries of Rs. 1,100,000 and Rs. 970,000 to be paid to Mateen and
Vaqas respectively.
Depreciation relates to delivery vehicles. In the first year, tax depreciation allowance on these vehicles
is estimated at Rs. 1,462,500.
Required:
Under the provisions of Income Tax Ordinance, 2001 advice Mateen and Vaqas on the preferable
structure of their business, whether it should be a partnership or a limited liability company, in terms of
the amount of tax payable, for the tax year 2019 assuming that they have no other sources of income.
Rs. in ‘000
Sales 1,100,000
Cost of sales (792,000)
Gross profit 308,000
Administrative and selling expenses (135,000)
Financial charges (110,000)
Other charges (27,500)
Other income 117,000
Profit before taxation 152,500
Additional information:
(i) In July 2018, ML purchased and installed plant and machinery for the purpose of balancing,
modernization and replacement of existing plant and machinery from an Austrian based non-resident
supplier at a cost of Rs. 52 million. The title in goods was transferred outside Pakistan. ML did not
deduct any tax from payments made to the supplier. The plant is depreciated on a straight line basis
over its useful life of ten years. The investment in plant was made with borrowed funds.
(ii) Cost of sales includes a penalty of Rs. 0.5 million paid in respect of breach of customs regulations.
(iii) Administrative expenses include amounts of Rs. 4.8 million, paid against purchase of industrial
software having a useful life of three years and Rs. 5 million paid in cash for electricity expenses. The
software was installed and used with effect from 1 April 2019.
(iv) Other charges include a donation of Rs. 13 million paid to a university established under provincial
law by the Government of Punjab.
(v) Other income includes the following:
An amount of Rs. 27 million earned from consultancy services provided to the UAE
Government. The gross receipts from such services were Rs. 90 million. No tax was paid by
the company in UAE on such income.
A royalty of Rs. 50 million which was received from Solar Pte Limited, a company based in
Singapore, for providing scientific and commercial knowledge under an agreement.
Withholding tax of Rs. 10 million was deducted by Solar Pte Limited from such payment. This
amount is included in other charges.
The above amounts were brought into Pakistan in foreign exchange through normal banking
channels in compliance with the foreign exchange regulations of the State Bank of Pakistan.
(vi) Unadjusted business loss, brought forward from tax year 2012, amounted to Rs. 50 million. This loss
is inclusive of an unabsorbed tax depreciation of Rs.11 million and amortisation of pre-
commencement expenditure of Rs. 7.7 million.
(vii) Following taxes were deducted / paid by the company during the year:
Rs. in ‘000
Advance tax paid under section 147 5,000
Paid on import of raw material 55
Paid on import of plant and machinery 1,560
Deducted by banks on profit on debt 250
(viii) Assume that tax depreciation on all assets acquired before July 2018 is the same as their accounting
depreciation.
Required:
(a) Under the provisions of Income Tax Ordinance, 2001 compute the taxable income and net tax
liability of ML for the tax year 2019.
(Show all exemptions, exclusions and disallowances where relevant.)
(b) Based on the computation of tax liability in (a) above, briefly explain whether the advance tax paid
quarterly by ML under section 147 could result in any further tax liability to the company with
reference to the provisions of Income Tax Ordinance, 2001.
Receipts Costs
Tax Year
Rupees
(i) SL VL ML
Rs. in ‘000
Sales 17,000 6,000 3,500
Profit/(loss) before taxation 3,700 (1,400) 1,300
(ii) The above profit/(loss) for each company has been arrived at after inclusion/adjustment of the
following:
In case of SL:
Rs. 1,000,000 paid by SL towards a scientific research conducted in Belgium. The research
helped SL in improving the quality of its products.
Income of Rs. 150,000 on account of profit on debt.
Gain of Rs. 100,000 on sale of machinery to VL. The cost of machinery was Rs. 300,000
and its tax written down value at the time of transfer to VL was Rs. 200,000.
In case of VL:
Rs. 80,000 written off against a loan provided to an employee.
Sales promotion expenses of Rs. 600,000 paid by VL to Moon Advertisers. The benefits
are expected to extend to three years.
A loss of Rs. 500,000 on disposal of shares in a private company. These shares were
acquired by VL on 31 March 2017.
In case of ML:
Net income of Rs. 600,000 from a goods transportation business. ML started this business
during the year and earned gross revenue of Rs. 1,500,000. Withholding tax of Rs. 30,000
was deducted by customers from ML‟s gross receipts.
A gain of Rs. 400,000 on disposal of shares in a private company. These shares were
acquired by ML on 01 April 2017.
Income of Rs. 300,000 on account of profit on debt.
(iii) Accounting depreciation of SL, VL and ML amounted to Rs. 760,000, Rs. 660,000 and Rs.
100,000 respectively.
(iv) A delivery truck costing Rs. 1,500,000 was purchased by ML during the year for its new
transportation business.
(v) The tax written down values of the plant and machinery of SL, VL and ML as at 01 April 2018
were Rs. 4,500,000, Rs. 4,200,000 and Rs. Nil respectively.
(vi) Tax depreciation on all assets, other than plant and machinery and delivery truck, of SL, VL
and ML amounted to Rs. 495,000, Rs. 330,000 and Rs. 135,000 respectively.
(vii) The assessed losses brought forward from tax year 2018 were as follows:
SL VL ML
Rs. in ‘000
Business loss 200 500 50
Unabsorbed tax depreciation 250 500 100
Capital loss 750 250 200
SL VL ML
Rs. in ‘000
Advance tax u/s 147, 148 and 153 789 275 -
Motor vehicle tax under u/s 234 - - 40
Required:
Assuming SL wants to avail the benefits of group relief as envisaged under the Income Tax
Ordinance, 2001, compute the taxable income, net tax payable / refundable and unabsorbed losses, if
any, to be carried forward for each of the above three companies for the tax year 2019.
Note: Show all relevant exemptions, exclusions and disallowances.
Rs. in ‘000
Sales 39,150
Cost of sales (25,700)
Gross profit 13,450
Administrative and selling expenses (5,350)
Financial charges (1,500)
Other charges (2,000)
Other income 900
Profit before taxation 5,500
Additional information:
(i) 20% of the above sales are made to customers in Indonesia and Singapore. Export sales are
stated after deduction of foreign withholding tax of Rs. 1,170,000.
(ii) Local sales are inclusive of 16% sales tax. All the above expenses, other than cost of sales,
are related only to the company‟s local sales.
(iii) On 1 January 2018, Capsule plc. a Malaysian company which owns 60% of the share capital
in PPL, granted a loan of Rs. 8,500,000 to PPL at a mark-up of 12% per annum. The loan was
given for the production of Hepatitis vaccines in Swat, a project fully approved by the Federal
Government. The principal repayment is due to commence from July 2019. Mark-up on above
loan, included in financial charges, amounted to Rs. 1,020,000. PPL‟s equity at the beginning
of the year amounted to Rs. 4,000,000.
(iv) On 15 June 2018, Capsule plc., under a group scheme, awarded its own shares to some of
the senior employees of PPL. As the shares were vested immediately, PPL recognised an
expense of Rs. 1,758,000 at a grant date fair value of the award, with a credit recognised in
equity. The expense is included in other charges.
(v) Administrative and selling expenses include the following:
Rs. 800,000 paid against professional books purchased from a website of a company in
UK. No tax was withheld by PPL from such payment.
Rs. 200,000 paid as donation to a hospital established under a private trust.
Rs. 600,000 payable as rent to the landlord for PPL‟s parking area. Withholding tax has
not been deducted from this amount.
(vi) On 1 July 2018, PPL granted an interest free loan of Rs. 500,000 to one of its shareholders.
(vii) Financial charges include interest of Rs. 180,000 on account of machinery obtained on finance
lease. Total lease rentals paid during the year amounted to Rs. 500,000. At the end of the
lease term which expired on 31 August 2018, the machinery was transferred to PPL at a
residual value of Rs. 640,000. The market value of the machinery on the date of its transfer
amounted to Rs. 760,000.
(viii) Other income includes gain on sales of delivery van of Rs. 130,000. The van was acquired on
1 January 2017 at a cost of Rs. 900,000 and was depreciated at the rate of 20% per annum.
No depreciation is charged by PPL in the year of disposal.
(ix) Accounting depreciation charged to cost of sales and administrative and selling expenses
amounted to Rs. 1,440,000 and Rs. 810,000 respectively.
(x) Tax depreciation on assets acquired before January 2018 amounted to Rs. 1,800,000.
(xi) Tax paid u/s 147 amounted to Rs. 400,000 whereas tax deducted u/s 154 by banks from
export proceeds amounted to Rs. 78,300.
Required:
Under the provisions of Income Tax Ordinance, 2001 compute the taxable income and net tax payable
for the tax year 2019. Give reasons for the treatment of items in (iii) and (vii) above. Also explain the
treatment of items not appearing in your computation.
The actual costs incurred by ML for the tax years 2018 and 2019 were Rs. 33,000,000 and Rs.
27,000,000 respectively.
Required:
Under the provisions of Income Tax Ordinance, 2001 calculate ML‟s taxable income and withholding
tax credit, if any, for the tax years 2018 and 2019.
Rs. in ‘000
Income from business 500
Capital gain 800
Income from other sources 100
Total income before tax 1,400
ZL is engaged in the business of manufacturing scaffoldings since its incorporation. Following further
information is available from ZL‟s records:
(i) The income from business includes deemed income in respect of a loan of Rs. 85,000 received
otherwise than by a crossed cheque.
(ii) Business losses brought forward from tax years 2017and 2018 amounted to Rs. 130,000 and
Rs. 200,000 respectively. ZL‟s tax assessment has been finalized up to tax year 2017.
(iii) Capital losses brought forward from assessment years 2012 and 2013 amounted to Rs. 50,000
and Rs. 65,000 respectively.
(iv) The amount of tax depreciation adjusted during the year against income from business
amounted to Rs. 490,000. Unabsorbed tax depreciation brought forward from previous
assessment years amounted to Rs. 135,000.
(v) A loss from speculation business brought forward from tax year 2017 amounted to Rs. 100,000.
(vi) One of BL‟s subsidiary company, which is qualified for group relief, surrendered its
proportionate assessed losses of Rs. 250,000 in favour of ZL. These losses include brought
forward business loss of Rs. 25,000, capital loss of Rs. 45,000 and an unabsorbed tax
depreciation of Rs. 10,000.
Required:
Under the provisions of Income Tax Ordinance, 2001 compute the taxable income of Zeta Limited for
the tax year 2019 and the amount of loss, if any, to be carried forward to next tax year. State the
reason where any of the loss cannot be adjusted against the given income.
Note: The order in which various deductions are to be set-off against ZL’s income should be
followed.
Rupees
Sales 24,900,000
Cost of sales (13,718,000)
Gross profit 11,182,000
Rupees
Administrative and selling expenses (6,900,000)
Financial charges (980,000)
Other income 1,500,000
Profit before taxation 4,802,000
Additional information:
(i) Sales include insurance compensation of Rs. 5,000,000 received from Big Insurance Limited
against the loss of one of BL‟s factory buildings which was destroyed by fire due to short
circuit. This building was constructed in July 2016 at a cost ofRs. 6,000,000. The accounting
and tax WDV of the building when it caught fire were Rs. 5,347,000 and Rs. 4,374,000
respectively. However, no depreciation on this building was charged in the books for the year.
BL reconstructed a similar building at a cost of Rs. 3,800,000. Construction of the new building
was completed in November 2017and BL installed used plant and machinery therein at a cost
of Rs. 1,500,000. The unit was given on lease to Mr.Marvi on 1 January 2018 at a monthly
lease rent of Rs. 150,000. The relevant depreciation at the rate of 5% and 10% on building and
plant and machinery respectively and property tax of Rs. 96,000 which was paid in respect of
the new building were properly recorded in BL‟s books as part of administrative expenses. The
amount of lease rent received from Mr.Marvi is included in sales.
(ii) Cost of sales includes the following:
A compensation of Rs. 100,000 payable annually to a former employee, who was injured
and permanently disabled while on duty.
A penalty of Rs. 25,000 on failure to deposit income tax withheld from the salaries of
factory staff.
Accounting depreciation of Rs. 870,000.
(iii) Administrative and selling expenses include the following:
Impairment loss of Rs. 200,000 on BL‟s investment in ABC (Pvt.) Limited. The loss
occurred due to considerable decrease in the breakup value of these shares as compared
to their book value.
Legal fees of Rs. 50,000 and Rs. 125,000 which were paid in connection with the filing of
statements with Karachi and Lahore Stock Exchanges and increase in BL‟s authorized
capital respectively.
Scientific research expenditure of Rs. 400,000 which was incurred in Cannes, France.
The research has helped BL in improving the quality of its products.
Rs. 480,000 which was incurred in relation to an advertising campaign launched prior to
the introduction of a new product line in an effort to enhance public awareness.
A donation of Rs. 300,000 was paid to a fund which is listed in the second schedule of the
Income Tax Ordinance, 2001 for the promotion of science and technology in Pakistan.
Workers‟ Welfare Fund of Rs. 98,000 and accounting depreciation of Rs. 1,100,000.
(iv) Financial charges include a profit of Rs. 180,000 earned from saving accounts maintained with
banks.
(v) Other income includes sale proceeds of Rs. 700,000 from sale of shares in Nafa (Pvt.) Limited.
BL purchased these shares in June 2017 at a cost of Rs. 230,000.
(vi) The tax written down values of BL‟s assets on 1 October 2017 were:
(vii) Tax paid u/s 147 amounted to Rs. 260,000 whereas tax deducted by banks u/s 151 from profit
on debt amounted to Rs. 18,000.
Required:
Under the provisions of the Income Tax Ordinance, 2001 and Rules made there under, compute the
taxable income and net tax payable by/refundable to BL for the tax year 2019.
Note: Show all relevant exemptions, exclusions and disallowances.
Rupees
Sales 2,348,000
Cost of sales (1,230,000)
Operating expenses (470,000)
Profit before tax 648,000
Rs. in ‘000
Gross sales 350,500
Cost of sales (245,350)
Gross profit 105,150
Administrative and selling expenses (70,100)
Financial charges (15,515)
Other income 25,850
Profit before taxation 45,385
Additional information:
Gross sales:
(i) 50.2% of the gross sales are related to goods exported to countries in Europe and USA. These
sales reflect the C&F price of the goods exported. 85% of the above export sales were realized
in current year. KL also realized Rs. 20,000,000 from last year‟s export sales. No separate
accounts were maintained by KL for the business of export of goods manufactured in Pakistan.
(ii) 3% of the gross sales comprise of receipt from an export house against provision of services of
dying and embroidery to them. However, the export house inadvertently failed to deduct
withholding tax from payments made to KL. These goods were subsequently exported to
Japan by the export house.
(iii) Rest of the sales are inclusive of 17% sales tax and were made to both corporate and
individual customers in the local market.
Cost of sales includes:
(i) Freight of Rs. 500,000 paid in respect of transportation of goods to above export house.
Administrative and selling expenses include the following:
(i) Ocean freight of Rs. 4,700,000, clearing and forwarding expenses of Rs. 485,000. No
withholding tax was deducted from these payments.
(ii) Provision for doubtful export rebate and duty drawback of Rs. 700,000 and Rs. 400,000
respectively.
(iii) Legal expenses of Rs. 1,000,000 in respect of a dispute over territorial rights.
(iv) Rs. 3,000,000 paid in respect of an unsuccessful marketing campaign.
(v) Rs. 800,000 incurred for acquiring a long-term business contract.
(vi) Rs. 2,000,000 contributed to a foreign pension fund.
(vii) Sales tax of Rs. 950,000 paid in respect of entertainment and courier charges relating to KL‟s
business. No input tax credit was allowed to KL in respect of such expenditures.
Financial charges include the following:
(i) Mark-up of Rs. 1,200,000 paid on a loan obtained from AB Bank Limited for the purpose of
advancing concessional loans to KL‟s staff in accordance with the terms of their employment.
(ii) Mark-up of Rs. 9,000,000 on short term borrowings obtained to finance the working capital
requirements of export sales.
(iii) Rs. 2,150,000 charged by banks for the collection of export proceeds.
Other income includes the following:
(i) Exchange gain of Rs. 2,000,000. This gain was related to export sales.
(ii) Export rebate of Rs. 3,900,000 and duty drawback of Rs. 1,600,000
(iii) Fees of Rs. 10,000,000 received under an agreement from enterprises in Bahrain in
consideration for the use of KL‟s design, patent and scientific knowledge. This amount was
directly transferred into KL‟s bank account in Pakistan. No direct expenditure was incurred in
relation to this income.
(iv) KL is also engaged as a commission agent by M Limited, a renowned communication company
in Pakistan. KL remitted Rs. 50,000,000 to its principal, M Limited, after retaining Rs. 4,300,000
on account of commission. However, M Limited mistakenly collected advance tax from KL only
on Rs. 3,600,000.
(v) Capital gain on sale of 30,000 shares in Blue Limited, a listed company in June, 2019, at a
price of Rs. 120 per share. KL purchased these shares in May 2015 at a cost of Rs. 35 per
share. No direct expenditure was incurred in respect of sale of these shares.
Tax paid by KL u/s 147 amounted to Rs. 3,450,000.
Required:
Under the provisions of the Income Tax Ordinance, 2001 and Rules made there under, compute the
taxable income and net tax payable by or refundable to KL for the tax year 2019.
Note: Ignore WWF, Minimum Tax and Alternative Corporate Tax.
Show all relevant exemptions, exclusions, reclassification and disallowances.
22 ZJ Limited
ZJ Limited (ZJL) is an unlisted public company engaged in the business of manufacturing, supply and
export of pharmaceutical products. Following information has been extracted from ZJL‟s un-audited
financial statements for the year ended 30 September 2018.
Rs. in ‘000
Sales-net 218,500
Additional information:
Sales includes:
(i) Sale of polio vaccines of Rs. 30,000,000 to Red Cross mission in Somalia. The entire amount
was realized during the year.
(ii) Discounted sale of Rs. 3,600,000 to one of the NGO‟s operating welfare hospitals in KPK
province. A discount of 25% was allowed to the NGO on their purchases.
Cost of sales includes:
(i) Cost of opening and closing stock-in-trade of Rs. 25,690,000 and 29,200,000 respectively
comprising of raw and packing materials, work-in-process and finished goods. ZJL computes
the cost of stock-in-trade using marginal cost method. The values of opening and closing
stock-in-trade under absorption cost method were Rs. 28,460,000 and Rs. 32,350,000
respectively.
(ii) Accounting depreciation of Rs. 2,210,000.
Administrative and selling expenses include:
(i) Withholding tax of Rs. 600,000 i.e. 20% of purchase price, paid in August 2018 (borne
by ZJL) on the plot of land handed over to the winner of a lucky draw which was
organized under a sales promotion scheme. ZJL acquired this plot in January 2017at a
cost of Rs. 3,000,000. The market value of the plot at the time of lucky draw was Rs.
10,000,000.
(ii) Rs. 1,800,000 paid to improve the embodied features of production software.
(iii) Rs. 650,000 in respect of the cost of two ramps. The ramps were built to provide
access to persons with disabilities.
(iv) Accounting depreciation of Rs. 1,980,000.
Other income includes:
(i) Rs. 2,450,000 received from employees against sale of five vehicles. The market value and tax
written down value of these vehicles at the time of sale was Rs. 5,250,000 and Rs. 3,320,000
respectively. As per company‟s policy the vehicles are sold at their book values.
(ii) Net profit of Rs. 20,000,000 from ZJL‟s associates. ZJL records its earnings from associates
using equity method of accounting.
(iii) Gain on sale of securities in Mali Limited (ML), a listed company, amounting to Rs. 6,000,000.
On 1 July 2015, ZJL acquired 200,000 shares in ML at Rs. 50 per share constituting 55%
interest in ML. On 1 August 2018, ZJL sold 100,000 shares in ML at a negotiated price of Rs.
85 per share to a foreign investor. The market value of these shares at the time of sale was Rs.
80 per share. On 15 September 2018, ZJL sold the remaining 100,000 shares in ML at a
negotiated price of Rs. 75 per share to a local investor. The market value of the shares at the
time of sale was Rs. 78 per share. The gain was computed at the average of the negotiated
prices.
ZJL reported the above transactions to the relevant Stock Exchange through its broker and
was also in compliance with all the requirements of the SECP.
Other information: (not reflected in the above financial results)
(i) On 30 June 2018, ZJL received Rs. 1,250,000 as share of income from AOP. The gross
turnover of the AOP was Rs. 30,000,000. ZJL holds 35% interest in the AOP.
Further information:
(i) ZJL has filed the option to opt out of the final tax regime.
(ii) Total tax depreciation amounts to Rs. 4,300,000.
(iii) Tax paid u/s 147 was Rs. 1,000,000, tax deducted on import of packing materials u/s 148 was
Rs. 1,200,000, tax deducted by distributors u/s 153 was Rs. 1,050,000 and tax deducted on
realization of export proceeds u/s 154 was Rs. 300,000.
(iv) The assessed losses brought forward from tax years 2017 and 2018 were as follows:
2018 2017
------- Rupees -------
Business loss 2,900,000 3,550,000
Unabsorbed tax depreciation 2,550,000 -
Required:
Under the provisions of the Income Tax Ordinance, 2001 and Rules made there under, compute the
taxable income, net tax payable by or refundable to ZJL for tax year 2019 and amount of tax to be
carried forward along with the amount of default surcharge, if any.
Note:
Your computation should commence with the profit before tax figure of Rs. 46,500,000.
Required:
Under the provisions of the Income Tax Ordinance, 2001 compute the amount of interest on debt that
shall be allowed as expense, for tax year 2019.
24 Bismil Limited
Bismil Limited (BL) is a listed company engaged in the business of manufacturing and supply of
multiple products across the country. Following information has been extracted from BL‟s records for
the year ended 31 December 2018.
Rupees
Sales 160,000,000
Cost of sales (112,000,000)
Gross profit 48,000,000
Administrative and selling expenses (20,000,000)
Financial charges (5,000,000)
Other income 2,000,000
Profit before taxation 25,000,000
Additional information:
Sales include:
(i) An amount of Rs. 15,000,000 received net of withholding tax at the rate of 4% of the gross
value of sales against sale of electric motors to a person registered under the Sales Tax Act,
1990.
(ii) Sale of a product to an associated company for Rs. 250,000. The fair market value of the
product was Rs. 200,000.
Administrative and selling expenses include:
(i) Rs. 900,000 paid to Shams Associates in respect of financial due diligence of a company
which BL is planning to acquire.
(ii) An amount of Rs. 425,000 in respect of write off of an old machine which is no longer used by
BL in its business operations. The accounting and tax written down values of the machine
were the same. The machine is expected to fetch Rs. 5,000 if sold in the open market.
(iii) A penalty of Rs. 150,000 imposed by the Commissioner for short payment of tax in the year
2015.
(iv) An amount of Rs. 385,000 incurred on entertainment of CEO‟s guests at a hotel in Karachi.
(v) Rs. 125,000 incurred on account of industrial training of Murad, a Pakistani citizen working at
BL‟s competitors in connection with a scheme approved by the Federal Board of Revenue.
Murad is also the nephew of BL‟s CEO.
Financial charges include:
(i) Profit on debt of Rs. 3,230,000 paid to non-resident persons in China. BL had issued securities
in China for the purpose of raising loan to be used for its business in Pakistan. These
securities were approved by the Federal Board of Revenue. BL did not deduct withholding tax
from the payment.
Other income includes:
(i) A monetary award of Rs. 1,000,000 granted by the President of Pakistan for best corporate
practices in the year 2016. Besides, an amount of Rs. 300,000 was conferred by the Governor
of Sindh for BL‟s contribution in rural development.
(ii) Rs. 500,000 on account of service charges charged and kept by BL out of tax withheld from
suppliers.
(iii) Rs. 120,000 received in respect of inter-corporate dividend from a subsidiary within the group.
BL owns 75% interest in the subsidiary. No withholding tax was deducted by the subsidiary.
Further information:
(i) Tax paid by BL u/s 147 amounted to Rs. 5,300,000.
(ii) Assume that tax depreciation on all assets is the same as their accounting depreciation.
Required:
Under the provisions of the Income Tax Ordinance, 2001 and Rules made thereunder, compute under
the correct head of income the total income, taxable income and net tax payable by or refundable to
BL for the tax year 2019.
Note:
Your computation should commence with the profit before tax figure of Rs. 25,000 K. Ignore WWF,
WPPF, Minimum tax, Alternative Corporate Tax and default surcharge. Show all relevant exemptions,
exclusions and disallowances.
26 RM Associates
For the purpose of this question, assume that the date today is 15 August 2018.
Rahat and Musa are partners in RM Associates (RMA), a firm engaged in the business of providing
consultancy and book keeping services to clients in Pakistan as well as abroad. Rahat and Musa share
profits and losses in the ratio of 4:5 respectively. Following is an extract from RMA‟s profit and loss
account for the year ended 30 June 2018:
Rupees
Net revenue 36,500,000
Less:
Salaries (19,780,000)
Rent (1,250,000)
Depreciation/amortization (accounting) (1,680,000)
Software expense (650,000)
Interest expense (135,000)
Other expenses (1,655,000)
Total expenses (25,150,000)
Income before tax for the year 11,350,000
Additional information:
(i) Net revenue includes the following:
Retainership fee of Rs. 19,710,000 from corporate clients. Withholding tax at the rate of
7% of the gross receipt was deducted by such clients and the amount is included in other
expenses.
An amount of Rs. 6,210,000 received under an agreement from a Doha based company,
Isra Middle East, for providing technical services in Doha. The amount was brought into
Pakistan in foreign exchange in compliance with the regulations of the State Bank. No tax
was deducted from the receipt either in Doha or in Pakistan by the bank.
Rs. 10,580,000 on account of on-line accounting services provided to various clients in
Iran and Afghanistan. The amount was received in foreign exchange through normal
banking channel. Withholding tax at the rate of 1% of the gross receipts was deducted by
the collecting bank and the amount is included in other expenses.
(ii) Salaries include Rs. 290,000 and Rs. 355,000 respectively paid to Rahat and Musa per month.
(iii) The rent was paid in respect of office premises to Lalazar Limited. RMA did not deduct
withholding tax from the payment.
(iv) Software expense represents purchase of a software on 1 January 2019.
(v) Interest expense was in relation to a vehicle obtained on finance lease. Lease rentals paid
during the year amounted to Rs. 800,000. The lease term of the vehicle ended on 1 June 2019,
on which date RMA acquired the vehicle at a residual value of Rs. 950,000. The market value of
the vehicle at the date of its transfer to RMA was estimated at Rs. 1,150,000.
(vi) The tax written down values of RMA‟s assets on 1 July 2018 were as follows:
Assets Rupees
Furniture and fixtures 1,700,000
Computers and laptops 840,000
Accounting software (remaining life of 5 years) 5,000,000
Required:
Under the provisions of the Income Tax Ordinance, 2001 compute the taxable income and net tax
liability of RMA for the tax year 2019.
Note: show all relevant exemptions, exclusions and disallowances. Tax rates are given on the last
page.
Rupees
Total turnover 54,520,000
Total expenses (47,895,000)
Other income 4,350,000
Accounting profit before tax 10,975,000
Additional information:
Total turnover include:
(i) Sale of Rs. 21,750,000 (inclusive of sales tax at the rate of 17%) to one of the customers in
Balakot. A special discount of 30% of the gross value of sales was offered to the customer in
defiance of normal business practices.
(ii) Sale of surgical gloves of Rs. 14,931,000 to a government hospital in China. LPL realized the
entire sale proceed during the year after deduction of 1% withholding tax by the authorised
dealer.
(iii) Rs. 2,000,000 for providing engineering services to Sami enterprises (SE) in Islamabad.
Withholding tax was deducted u/s 153 at the rate of 8%. LPL has not submitted any undertaking
under clause 94 of Part IV of the Second Schedule.
Total expenses include:
(i) Import of packing material of Rs. 900,000 for packing of surgical gloves sent to China. Tax paid
u/s 148 amounted to Rs. 49,500.
(ii) Accounting depreciation of Rs. 2,520,000.
Other income includes:
(i) Prize of Rs. 300,000 on prize bond. Tax deducted u/s 156 amounted to Rs. 45,000.
(ii) Dividend of Rs. 25,000 received from a corporate agricultural enterprise from its agricultural
income as specified in Second Schedule to the Income Tax Ordinance, 2001. Withholding tax
was not deducted at the time of payment.
(iii) Share of profit of Rs. 3,900,000 from an associate, recognized under equity method of
accounting.
(iv) Income tax refund of Rs. 125,000 related to tax year 2017.
Other information (not included above):
(i) Share of profit of an AOP amounting to Rs. 875,000. LPL holds 40% interest in the AOP. The
gross turnover of the AOP during tax year 2019 amounted to Rs. 18,600,000
(ii) Total tax depreciation amounts to Rs. 4,800,000.
(iii) Assessed tax loss brought forward from tax year 2017 amounts to Rs. 475,000.
Required:
Under the provisions of the Income Tax Ordinance, 2001 and Rules made there under, compute the
amount of tax payable by LPL for tax year 2019. State the amount of tax to be carried forward, if any.
Note:
Show all relevant exemptions, exclusions and disallowances. Tax rates are given on the last page.
28 Olive Limited
Olive Limited (OL) is registered at the Large Taxpayer Unit of the Inland Revenue Department. It is
engaged in the manufacture and trading of FMCG in the country. During the month of May 2019
following activities were carried out by the company:
Rs. in ‘000
Purchases:
Supplies:
Manufactured products:
(ii) Sales tax of Rs. 20,000 was paid under the Punjab Provincial Sales Tax Ordinance on services
provided by clearing agents for imports.
(iii) Rs. 650,000 was paid against advertisement services in the province of Punjab.
(iv) Sales tax of Rs. 60,000 was deducted from payments to suppliers of packing material.
Sales tax (other than services) is payable at the rate of 17%. All the above amounts are exclusive of
sales tax, wherever applicable.
Required:
In view of the provisions of Sales Tax Act, 1990, and applicable provincial law, compute the following
for the tax period May 2019. Show computation wherever necessary.
(a) Sales tax liability and net sales tax payable with return.
Rs. in ‘000
Purchases:
Local:
Components from registered suppliers 70,700
Components from un-registered suppliers 15,250
Import of finished goods (inclusive of custom duty and FED) 10,000
Supplies:
Manufactured goods:
Local taxable supplies to registered persons 40,000
Local taxable supplies to un-registered persons 24,000
Exempt goods 11,000
Commercial imports 12,500
Following additional information is also available:
(i) Supplies from commercial imports include appliances of Rs. 2,040,000 which were sold on
instalment basis to an industrial consumer at a mark-up of 2%.
(ii) Imported appliances worth Rs. 100,000 were provided to the company‟s managing director for
use at his residence.
(iii) Sales tax of Rs. 60,000, Rs. 21,000 and Rs. 26,000 was paid in cash on account of electricity,
gas and mobile phone bills respectively.
(iv) Sales tax of Rs. 85,000 was paid by the company on purchase of uniforms for its line staff.
(v) An amount of Rs. 200,000 on account of purchases made from a registered supplier is
outstanding since March 2017. The related input tax was accounted for in the relevant tax period.
(vi) A penalty of Rs. 50,000 and additional tax of Rs. 25,000 was levied on KEL under the Income
Tax Ordinance, 2001 which was unpaid as of November 30, 2018.
Sales tax is payable at the rate of 17%. All the above figures are exclusive of sales tax, wherever
applicable.
Required:
(a) Sales tax payable / refundable.
(b) Input tax credit to be carried forward, if any.
Rs. in ‘000
Purchases:
Steel sheets, copper wire, aluminum and allied raw materials 2,500
Lubricants, spare parts and stores (include cash purchases of Rs. 900,000) 5,400
Rs. in ‘000
Supplies:
Electric switch-gears and electric motors to diplomatic mission in Islamabad 1,900
Air coolers to customers based in Lahore, Islamabad and Faisalabad 7,000
Electric air coolers to customers in Spain and Zanzibar 3,800
Additional information:
(i) Supplies of Alpha to registered persons include sale of Rs. 2,000,000 to an associated company.
The open market price of Alpha at the time of sale was Rs. 4,000,000.
(ii) Free replacement of defective units is made in the case of Alpha, which is sold under warranty.
The market value of replacement units during the month of November 2018 was Rs. 1,000,000.
(iii) SL provided 50,000 units of Beta to its employees free of charge.
(iv) In November 2018, SL imported new machinery from Japan for the purpose of launching a new
product Zeta. The production of Zeta is expected to commence from April 2019. Sales tax paid
on this machinery amounted to Rs. 3,000,000.
(v) Input tax of Rs. 500,000 was inadvertently not adjusted in the return for the month of October
2018.
(vi) The local supplies of Gama are exempt from the charge of sales tax.
(vii) All purchases are from registered suppliers.
All the above figures are exclusive of sales tax, wherever applicable. Sales tax is payable at the rate of
17%. The above products are not subject to duty under the Federal Excise Act, 2005.
Required:
In the light of the provisions of Sales Tax Act, 1990 and Rules made there under, calculate the sales
tax payable/refundable/carried forward, if any, for the tax period November 2018.
Rupees
Purchases:
Local:
Local:
Additional information:
(i) Raw materials purchased from a registered supplier in April 2019 were destroyed by fire.
However, UL received full insurance claim of Rs. 1,000,000 against such loss. Input tax paid on
such raw material was however adjusted by UL in its April 2019 return.
(ii) On scrutiny of the company‟s previous sales tax returns, the internal auditor has pointed out
that input tax on raw materials of Rs. 200,000 purchased in October 2018 from a local
registered supplier has not been claimed / adjusted by UL.
(iii) UL under misapprehension collected additional sales tax of Rs. 64,000 from one of its
customers. 70% of the goods on which additional sales tax was collected are still lying with the
customer as unsold stock.
(iv) Taxable supplies to registered persons include the following:
Goods worth Rs. 500,000 supplied to AB Limited which is registered as an exporter with
the Large Taxpayer Unit.
Supplies of Rs. 2,000,000 to a domestic airline for regular maintenance of an aircraft
weighing 8,500 kilograms.
(v) Raw materials purchased from local registered suppliers include an invoice of Rs. 100,000
which was issued in the name of a director of UL.
All the above amounts are exclusive of sales tax, wherever applicable. Sales tax is payable at the
rate of 17%. The value of imported raw material is inclusive of custom duty and federal excise duty.
However, other goods are not subject to duty under the Federal Excise Act, 2005.
Required:
In the light of the provisions of Sales Tax Act, 1990 and Rules made thereunder, calculate the sales
tax payable by or refundable to UL for the tax period May 2019. Give brief reasons for the treatment
of:
Goods destroyed by fire;
The input tax not claimed in the return for the month of October 2018; and
Additional sales tax collected from the customer.
Rupees
Sales 700,000
Less: Cost of sales
Opening stock 125,000
Purchases 250,000
375,000
Less: Closing stock (95,000)
280,000
Add: Engraving charges 50,000
(330,000)
Gross profit 370,000
Rupees
Less: Operating expenses
Salaries and wages (45,000)
Rent (25,000)
Insurance (30,000)
Bank charges (15,000)
General expenses (25,000)
Depreciation (15,000)
(155,000)
Net profit 215,000
Additional information:
(i) 20% of the sales relates to goods purchased locally and exported to customers in Iran whereas
5% of the sales were made against international tenders.
(ii) Opening stock is verifiable and consists of purchases made in different months as follows:
15 August Rs. 50,000 (import)
Rupees
Purchases:
Raw material from local registered suppliers 20,000,000
Local items governed under third schedule (75,000 @ Rs. 150 each) 11,250,000
Packing material from a local cottage industry 2,000,000
Supplies:
Taxable supplies to registered persons 19,000,000
Taxable supplies to un-registered persons 8,000,000
Local third schedule items to wholesalers (55,000 @ Rs. 180 each) 9,900,000
Taxable supplies against international tender for Afghan refugees. 3,000,000
Masawi Limited (ML) is engaged in the business of production and supply of packaged fruit and
vegetable juices. ML is incorporated under the Companies Act, 2017 and is duly registered with the
Inland Revenue Department for sales tax purposes. Following data has been extracted from ML‟s
records for the month of November 2018:
3 Rupees
Purchases:
Raw material:
Import 800,000
Supplies:
Taxable supplies to registered persons 4,675,000
Taxable supplies to un-registered persons 2,125,000
Taxable supplies to duty free shops 1,020,000
Export to Qatar 680,000
(iv) Sales tax of Rs. 5,000 was paid on imports made ten days before the start of business.
(v) OL sold goods worth Rs. 250,000 to Small Corporation, a proprietary concern registered under
the Sales Tax Act, 1990. However, due to limited storage capacity at buyer‟s premises the
goods are still lying at OL‟s godown. In view of its revenue recognition policy, OL has not
recognized any revenue in the accounts.
(vi) Other purchases amounting to Rs. 725,000 were made on 45 days credit from corporate
suppliers.
(vii) OL‟s Furniture Division supplied furniture of Rs. 125,000 to an unregistered school in Karachi.
However, in view of negative market feedback and consequential losses, OL has decided to
close down the Furniture Division at the end of May 2019. Stock of unsold furniture at the close
of month amounted to Rs. 200,000.
(viii) As part of a strategic tripartite contract, OL supplied „tooth brushes‟ worth Rs. 400,000 in small
villages and towns at a discounted price of Rs. 250,000. The terms of the contract stipulate that
the balance amount of Rs. 150,000 will be reimbursed to the company by the Government of
Pakistan.
(ix) OL paid an advance of Rs. 75,000 to a registered supplier, Pearl Limited, against future
purchases. However, Pearl Limited has not issued any document against the advance receipt.
(x) OL sold sugar worth Rs. 240,000 to SPL. The sugar was purchased in February 2019.
(xi) OL procured tyres and tubes of Rs. 850,000 from a distributor for trading purposes.
All the above figures are exclusive of sales tax, wherever applicable. Sales tax (other than services)
is payable at the rate of 17%.
Required:
In the light of the provisions of Sales Tax Act, 1990 / relevant provincial laws and Rules made there
under, compute the sales tax payable by or refundable to OL for filing the sales tax return for the tax
period May 2019.
(vii) For the purpose of generating steam for one of its production processes, HL purchased fuel
wood from registered wholesalers for Rs. 1,050,000.
(viii) HL also purchased a fiscal electronic cash register and office equipments from a corporate
supplier at a price of Rs. 650,000 and Rs. 375,000 respectively. These items were purchased
on 60 days credit.
(ix) A mixing machine was acquired by HL on finance lease. The total lease rentals to be paid to
the lessor are Rs. 3,000,000. The fair value of the machine at the inception of the lease
amounted to Rs. 2,500,000. HL has the option to purchase the machine at the end of the lease
term (in three years‟ time) and the directors estimate that it is more likely that this option to
purchase will be exercised.
(x) Delivery trucks worth Rs. 2,340,000 were purchased for timely distribution of goods to
customers.
(xi) Cool day light energy saver lamps were sold to AF Engineering for Rs. 500,000.
(xii) Locally produced squashes worth Rs. 13,800,000 were sold to corporate distributors.
All the above figures are exclusive of sales tax, wherever applicable. Sales tax is payable at the rate
of 17%.
Required:
In the light of the provisions of the Sales Tax Act, 1990 and Rules made there under, compute the
amount of sales tax payable by or refundable to HL for the tax period November 2018.
Rs. in ‘000
Purchases:
Raw material:
Import 900
Supplies:
Local:
Additional information:
(i) RL imported specific machinery at Rs. 1,000,000 from Taiwan for the purpose of production of
shampoo. The machinery is covered under Eight Schedule of the Sales Tax Act, 1990.
(ii) Purchases from local registered suppliers include purchase of waste papers of Rs. 300,000
from Parsa Limited.
(iii) 7,500 boxes of tissue papers were purchased from registered suppliers, not included above,
at a wholesale price of Rs. 60 per box. The retail price of these boxes was Rs. 90 per box.
These tissue papers were used by RL as a packing material.
(iv) Taxable supplies to registered persons include the following:
Shampoo worth Rs. 700,000 supplied to a registered exporter Baramad Limited.
Tiles of Rs. 650,000 supplied to Raja (Pvt.) Limited. These tiles were purchased directly
from the manufacturer in April 2019.
(v) Taxable supplies to un-registered persons include supply of storage batteries worth Rs.
400,000 to a private school. Purchase invoice confirms that these batteries were purchased in
March 2019 from an importer for Rs. 325,000 against payment of sales tax at the rate of 17%.
(vi) Shampoo and tissue papers are covered under Third Schedule and waste papers are covered
under Eighth Schedule of the Sales Tax Act, 1990 whereas foam, tiles and storage batteries
are designated as specified goods under Chapter XIII of the Sales Tax Special Procedures
Rules, 2007. All the other items are not specified in the Third Schedule of the Sales Tax Act,
1990.
(vii) At the end of May 2019, there was no outstanding liability against items mentioned in (ii), (iii)
and (iv) above.
All the above figures are exclusive of sales tax, wherever applicable. Except for the item specified
under Eight Schedule, sales tax is payable at the rate of 17%.
Required:
In the light of the provisions of the Sales Tax Act, 1990 and Rules made there under, compute the
amount of sales tax payable by or refundable to RL for the tax period May 2019. Also compute the
amount of withholding tax, if any.
Note: Show all relevant exemptions, exclusions and disallowances.
39 Karma Limited
Karma Limited (KL) is registered at the large taxpayers unit (LTU) of Inland Revenue Department and
is engaged in the business of import, manufacture and supply of various products. Following
information has been extracted from KL‟s records for November 2018.
Rupees
Purchases:
Raw material:
From local registered suppliers 12,000,000
From local un-registered suppliers (Third Schedule items) 3,000,000
Import 5,000,000
Supplies:
Taxable supplies to registered persons 9,500,000
Taxable supplies to un-registered persons 6,500,000
Additional information:
(i) Raw material purchased from local un-registered suppliers includes goods worth Rs. 950,000
which were returned by an un-registered customer. These goods were sold in August 2018.
Proper debit/credit notes were raised in respect of the returned goods.
(ii) The imports include raw materials worth Rs. 2,000,000 which were imported for the purpose of
manufacture infant use put up for retail sales, specified in Sixth Schedule
(iii) Taxable supplies to registered persons include the following:
A forward transaction on Pakistan Mercantile Exchange Limited for the supply of goods
worth Rs. 600,000 to a large trading house in Karachi.
Supply of Confectionery, chocolates and candies worth Rs. 2,500,000 to a retail outlet in
Islamabad. These goods are designated as specified goods under Chapter XIII of the
Sales Tax Special Procedure Rules, 2007.
(iv) Taxable supplies to un-registered persons include goods worth Rs. 5,500,000 which were
supplied to various cottage industries in Multan. The rest of the goods were supplied to the end
consumers.
(v) On 25 September 2018, KL received Rs. 2,250,000 from Trading Corporation of Pakistan
(TCP) against grant of a tender for the supply of 50 metric tons of sugar. On 5 November 2018,
TCP removed 30 metric tons of sugar from KL‟s premises for the purpose of export to Oman.
The remaining 20 metric tons of sugar were removed on 20 November2018 and were supplied
to wholesalers in the local market.
(vi) KL delivered fertilizers, covered under Third Schedule, to Small Bank Limited under a
Murabaha financing arrangement at a price of Rs. 1,584,000. The amount was receivable in
equal monthly instalments over a period of one year. The retail price of the fertilizer in the
market at the time of delivery was Rs. 1,320,000.
(vii) KL supplied 400 kg of a special brand of tea, covered under Third Schedule, to FM Enterprises
at a wholesale price of Rs. 500 per kg. In October 2018 KL had purchased 600 kg of this
particular brand of tea from a local registered supplier, ST Limited (STL), at a price of Rs. 450
per kg. This tea is sold in the market at a retail price of Rs. 700 per kg. STL declared this brand
in their return for November 2018.
(viii) All the above products, unless otherwise specified, are NOT covered under Third Schedule of
the Sales Tax Act, 1990.
All the above figures are exclusive of excise duty and sales tax, wherever applicable. Sales tax
is payable at the rate of 17% whereas excise duty, if any, is payable at the rate of 8%.
Required:
In the light of the provisions of the Sales Tax Act, 1990, Federal Excise Act, 2005 and Rules made
there under, compute the amount of sales tax payable by or refundable to KL for filing the sales tax-
cum-federal excise return for the tax period November 2018. Also compute the amount of withholding
tax, if any.
Note: Show all relevant exemptions, exclusions and disallowances.
40 Pasdar Limited
Pasdar Limited (PL) is engaged in the business of production, import and trading of variety of
products and is registered with the Inland Revenue Department for sales tax purposes.
Following information has been extracted from PL‟s records for the month of May 2019:
Rupees
Purchases:
Raw material:
from local registered suppliers 5,560,000
from cottage industries 1,500,000
Import – finished goods 5,000,000
Supplies:
taxable supplies to registered persons 6,000,000
taxable supplies to un-registered persons 1,760,000
Additional information:
(i) Raw material purchased from local registered suppliers includes packing material worth Rs.
850,000 purchased for textile products.
(ii) The imports include tyres of Rs. 800,000 which were used in PL‟s delivery vans. Tyres are
designated as specified goods under Chapter XIII of the Sales Tax Special Procedure Rules,
2007.
(iii) Annexure C of the sales tax return for March 2019 shows that a sales tax invoice of Rs. 480,000
had not been claimed by the buyer. Upon scrutiny it was disclosed that goods were actually sold
to an un-registered person however due to inadvertence the invoice was entered in the name of
a registered person.
(iv) On 15 May 2019, PL received an invoice of Rs. 3,000,000 from Najib Brothers (NB), a
specialized workshop for industrial machinery in Islamabad. NB provided overhauling services to
PL and charged sales tax at the rate of 5% under the Islamabad Capital Territory (Tax on
Services) Ordinance, 2001.
(v) On 20 May 2019, PL acquired the ownership of a taxable activity of Glaze Enterprises (GE), as
an ongoing concern for Rs. 10,500,000. GE issued a sales tax invoice in the name of PL and
received the entire amount of sale proceeds from PL.
(vi) PL paid Sindh Sales Tax of Rs. 50,000, Punjab Sales Tax of Rs. 65,000 and Federal Excise
Duty of Rs. 45,000 in respect of franchise fees to a non-resident franchisor.
(vii) Taxable supplies to registered persons include the following:
Supply of Electric Irons worth Rs. 500,000 to a distributor in Hyderabad. Electric Irons are
designated as specified goods under Chapter XIII of the Sales Tax Special Procedure
Rules, 2007. The Irons were purchased from a commercial importer in March 2019.
Supply of goods worth Rs. 2,700,000 to the Local Government. PL had imported these
goods from China in April 2019 at Rs. 2,200,000 and had paid 3% value addition tax at the
time of import.
Rest of the goods were supplied to various dealers in Sindh and Punjab.
(viii) Taxable supplies to un-registered persons include second hand worn clothing of Rs. 200,000
which was supplied to a retail outlet in Okara. Second hand worn clothing falls under PCT
heading 6309.0000 and is covered under Serial No. 3 TableII of SRO 1125(I)/2011 and
accordingly chargeable to sales tax at the rate of 5%.
(ix) On 25 May 2019, one of PL‟s finished goods warehouse was destroyed by fire and all the goods
stored were burnt to ashes. The goods were insured and PL received Rs. 2,750,000 from the
insurance company in settlement of its claim. PL had claimed input tax of Rs. 325,000 on these
goods in the April 2019 return.
(x) PL distributed gift vouchers worth Rs. 450,000 among its customers. The vouchers were to be
redeemed at any time between July to September 2018.
(xi) As part of a settlement deal with AB Bank Limited, PL agreed to set off its hypothecated stock of
Rs. 750,000 against an overdue loan of Rs. 950,000. The open market price of the goods was
estimated at Rs. 1,100,000.
(xii) PL received a notice from the Deputy Commissioner of Inland Revenue demanding sales tax on
promotional give-aways worth Rs. 235,000 which were distributed in March 2019. The tax
department however accepted PL‟s contention that the non-payment of sales tax was due to
misconstruction on part of the company.
(xiii) PL‟s Wholesale-cum-Retail Outlet received Rs. 2,350,000 in cash against supply of lubricants to
a registered person. The lubricants were purchased from a manufacturer in April 2019 who had
charged sales tax and extra tax on such supplies.
(xiv) All the above figures are exclusive of sales tax, wherever applicable. Sales tax is payable at the
rate of 17%.
Required:
In the light of the provisions of the Sales Tax Act, 1990, Federal Excise Act, 2005 and Rules made
there under, compute the amount of sales tax payable by or refundable to PL for the tax period May
2019. Also compute withholding tax, wherever applicable.
Note: Show all relevant exemptions, exclusions and disallowances.
Rupees
Imports 852,000
Additional information:
(i) Purchases from registered suppliers include the following:
lubricating oil worth Rs. 380,000 purchased from an oil marketing company for in-house
consumption. Lubricating oil is designated as specified goods under Chapter XIII of the
Sales Tax Special Procedure Rules, 2007.
raw material of Rs. 390,000 and Rs. 225,000 purchased from SL on 6 November 2018 and
20 November 2018 respectively. On 15 November 2018 the Commissioner suspended
SL‟s registration for claiming fraudulent refunds.
goods covered under Third Schedule, worth Rs. 285,000 purchased from Nayab
Associates (NA). QFL, upon instructions from NA, directly deposited cash amounting to Rs.
285,000 into its bank account.
(ii) Purchases from un-registered suppliers consist of the following:
packing material of Rs. 358,000 which was purchased from a supplier who was liable to be
registered with sales tax authorities.
edible fruits, covered under Sixth Schedule, of Rs. 700,000.
(iii) Taxable supplies to registered persons include the following:
goods worth Rs. 435,000 supplied to a manufacturer for onward sale to an exporter holding
concessions under DTRE scheme.
tyres worth Rs. 660,000. These tyres were purchased from a local manufacturer, which
was a cottage industry, in October 2018. The tyres are designated as specified goods
under Chapter XIII of the Sales Tax Special Procedure Rules, 2007.
(iv) Taxable supplies to un-registered persons consist of the following:
sale of 150 bicycles, covered under Fifth Schedule, to un-registered dealers in Multan for
Rs. 900,000. The bicycles were purchased in August 2018.
sale of goods worth Rs. 310,000 to end consumers.
(v) Imports comprise of air conditioners worth Rs. 852,000. These were imported by QFL‟s
wholesale-cum-retail division for sale through its own outlets. Air conditioners are designated as
specified goods under Chapter XIII of the Sales Tax Special Procedure Rules, 2007.
(vi) Other income includes gain on disposal of a truck of Rs. 105,000. The truck was sold to an
active tax payer for Rs. 1,205,000. No sales tax was recorded on this transaction.
Further information:
(i) In August 2018, QFL‟s car rental division imported wheel alignment machine for in-house use.
3% value addition tax of Rs. 18,000 was not paid at import stage.
(ii) In July 2018 QFL sold certain taxable goods worth Rs. 535,000 to an un-registered wholesaler
at a wholesale price of Rs. 50 per pack and collected further tax at the rate of 2% of the value of
supplies. In November 2018, the internal auditor pointed out that these goods were covered
under Third Schedule. The retail price of these goods at the time of sale was Rs. 65 per pack.
(iii) In May 2018 QFL inadvertently collected sales tax of Rs. 45,000 from a customer as against the
applicable tax of Rs. 54,015. QFL had applied to the Commissioner IR for the revision of the
return however, no reply has so far been received in this regard.
All the above figures are exclusive of sales tax, except where it is implied otherwise.
Sales tax is payable at the rate of 17%.
Required:
In the light of the provisions of the Sales Tax Act, 1990 and Rules made there under, compute the
amount of sales tax payable by or refundable to QFL and input tax to be carried forward, if any, for the
tax period November 2018. Also compute withholding tax, wherever applicable.
Note: Show all relevant exemptions, exclusions and disallowances. Ignore default surcharge.
42 Mr. Parekh
Mr. Parekh acquired and disposed of 3,500 shares of a listed company, Big Limited (BL). The details
are as follows:
Acquisition Disposal
Dated
No. of shares Rate No. of shares Rate
31-03-2018 1,400 20 - -
15-09-2018 700 22 - -
01-04-2019 900 18 - -
01-05-2019 - - 600 17
07-05-2019 - - 800 19
21-05-2019 - - 700 18
31-05-2019 500 23 400 25
31-05-2019 - - 1,000 27
Required:
Under the provisions of Income Tax Ordinance, 2001 and Rules made there under, calculate the
amount of capital gain / loss and tax thereon, if any, on the above transactions. Ignore incidental
expenses on cost of acquisition of securities.
43 Capital Gain
Under the provisions of Income Tax Ordinance, 2001 and Rules made there under, compute the
taxable income or explain the tax treatment, wherever applicable, in each of the following cases:
(i) Hamid held 2,000 shares in Beta Limited (BL) which he had acquired on 1 July 2018 at Rs. 15
each. BL subsequently merged into Gama Limited (GL) through a scheme approved by the High
Court. GL issued 1 share for 2 shares held in BL.
(ii) Bari acquired 100 shares in Pie Limited (PL) on 1 January 2019 at Rs. 40 per share and
deposited them into CDC account. On the same date i.e. 1 January 2019, PL declared 25%
bonus shares with 1 April 2019 as the date of entitlement. On 31 March 2019, the market value
of these shares was Rs. 50 each. On 15 April 2019 Bari disposed of 50 shares in PL at Rs. 40
each. The bonus shares were credited to Bari‟s account on 15 May 2019. He sold the remaining
shares including bonus shares on 18 May 2019 at Rs. 40 each.
(iii) Anjum borrowed 5,000 shares from Nazia for a short term. The value of the borrowed shares
was agreed at Rs. 100 per share. Anjum agreed to pay, for the specified period, a mark-up of
Rs. 2 per share to Nazia at the time of settlement. Anjum sold the borrowed securities at Rs.
105 each and subsequently, on the date of return of borrowed securities, re-purchased 5,000
shares at Rs. 95 per share.
46 Transfer of Assets
In the light of the provisions of Income Tax Ordinance, 2001, briefly explain the taxability of income the
following situation.
Mr. Ravi transferred his house to a trust with a condition that out of the total rental income of Rs.
840,000 per annum, Rs. 500,000 would be paid to his wife and the balance of Rs. 340,000 would be
paid to his minor son Ashok. Ravi also provided Rs. 350,000 to the trustees for the acquisition of his
property.
Following information is available relating to the proposed scheme of transfer and the status of MPL:
(i) 50% of the purchase consideration would be paid to Mr. Adnan in terms of fully paid shares of
MPL whereas the remaining 50% would be paid in cash.
(ii) The break-up value of each share of MPL as at April 30, 2019 is Rs. 15.
(iii) MPL has a share capital of Rs. 30 million consisting of equity shares of Rs. 10 each. Mr. Adnan
owns 70% of the paid up share capital of MPL whereas the remaining 30% is equally owned by
his spouse Razia, whose income is clubbed with Mr. Adnan, and his elder brother Rais. Due to
financial constraints, Rais is considering to dispose off his ownership interest in the company.
(iv) MPL would assume all the liabilities of HT with the exception of Rs. 2 million, which is payable
to Barkat Enterprises.
(v) The net realizable value of stock in trade as at April 30, 2019 is Rs. 4 million.
(vi) Rs. 1.0 million receivable against sale of medicines to Parker & Sons last year is not
recoverable due to insolvency of the customer. All possible efforts have already been made by
HT for the recovery of debt.
(vii) Following is the tax written down value (WDV) and fair market value (FMV) of HT‟s patents and
fixed assets as at April 30, 2019:
Rupees
Cost Tax WDV FMV
Fixed assets 7,000,000 3,000,000 5,200,000
Patents 5,000,000 2,500,000 2,300,000
Required:
(a) Any transaction that is related to disposal of assets becomes the subject matter of gain or loss.
Advise Mr. Adnan about the conditions, which are required to be fulfilled under the Income Tax
Ordinance, 2001 if he wishes to avoid recording any gain or loss on the disposal of his business
to MPL.
(b) Advise the necessary changes, if any, required to be made by Mr. Adnan in his proposed
scheme of transfer in order for it to be in compliance with the conditions identified in part (a)
above.
(c) Calculate the following, assuming the conditions in (a) above have been fully complied with.
(i) Number and the value of shares to be received by Mr. Adnan from MPL.
(ii) MPL‟s cost of acquisition of assets.
(iii) Mr. Adnan‟s cost in respect of the shares received by him as consideration.
51 Residential Status
In view of the provisions of Income Tax Ordinance, 2001 and the stated rules, determine the
residential status of the following persons for the tax year ended June 30, 2019 under the given
circumstances.
(i) Mr.Mubeen came to Pakistan for the first time on a special assignment from his company on
April 01, 2018 and left the country on September 30, 2018.
(ii) Mr.Rana, who had never travelled abroad in his life, got a job in Canada. He went to Canada on
December 29, 2018 to assume his responsibilities as a CFO. In June, 2019 his company sent
him to India on a training workshop. On June 30, 2019on his way back to Canada he had to
stay in Karachi for a whole day in transit.
(iii) Mr. Baber, a Federal Government Employee was posted to the Pakistan mission in Geneva
from July 01, 2018 to June 30, 2019.
(iv) Mr. Francis, a sugar dealer in Brazil, came to Pakistan on July 31, 2018. During his visit he
stayed at Lahore for 60 days and spent the rest of the days in Karachi. He left the country on
January 31, 2019. Assume that the Commissioner has granted him permission to use calendar
year as a special tax year.
(ii) While computing the taxable income, BL has not apportioned the “Cost of goods manufactured”
between its income from sale of manufactured products and income from sale of commercial
imports. The Commissioner wants such costs to be apportioned between the two revenue
streams.
(iii) The audited financial statements show a gain of Rs. 50 million on the disposal of an immovable
property comprising office in a commercial building. This property was purchased by the
company for Rs. 90 million and was sold for Rs. 120 million. Its tax written down value at the
time of disposal was Rs. 70 million. The gain has not been offered to tax by BL. The
Commissioner wants to add the amount of Rs. 50 million to the company‟s taxable income.
(iv) The financial statements also disclose an outstanding liability on account of royalty of Rs. 250
million. This amount payable to BL Dubai Plc. is outstanding for the last four years, pending
approval from the State Bank of Pakistan. The expense was claimed by BL in the tax year 2015.
The Commissioner wants to add back the amount to the taxable income of BL.
(v) Bad debts written off during the year include an amount of Rs. 10 million which was provided to
a distributor as a loan who has now been declared insolvent. The Commissioner wants to add
this amount to the taxable income of BL.
Required:
Under the provisions of Income Tax Ordinance, 2001 explain, giving reasons, as to whether or not the
Commissioner‟s contention with regard to each of the above situation is valid.
55 Group Taxation
Al Maratib, a large group of companies is contemplating to avail the benefits of Group Taxation by
offering it to be taxed as one fiscal unit.
Required:
In the light of the provisions of Income Tax Ordinance, 2001 explain the provisions of Group Taxation
to the chairman of the group.
(i) Circumstances under which taxes withheld from the payments made to a non-resident person
would be construed as final tax under the presumptive tax regime.
(ii) The tax implication in each of the following cases while determining chargeable income of the
branch office in Pakistan.
58 Selection of Audit
Identify the authority and briefly describe the methods by which a person may be selected for the audit
of its Income Tax affairs in the tax year 2018. Also state whether a person can again be selected for
audit in tax year 2019 if nothing was found during its audit in the tax year 2018.
Identify the persons and the conditions subject to which such persons paying taxes under
Presumptive Tax Regime may opt for Normal Tax Regime.
64 Associates
What is meant by “Associates”? State the circumstances under which the following may be regarded
as associates:
70 Profit on debt
What do you understand by „profit on a debt‟? Describe the circumstances under which any profit
received by a non-resident person on a security issued by a resident person shall be exempt from tax
under the Income Tax Ordinance, 2001.
Rupees
Advance tax paid under section 147 20,500,000
Paid on import of machinery 2,250,000
Deducted by banks on profit on debt 250,000
SL filed its return of income for the tax year 2019 on the due date for filing of return with a gross tax
liability of Rs. 32,500,000.
Required:
In view of the provisions of the Income Tax Ordinance, 2001 explain whether the advance tax paid
quarterly by SL under section 147 could result in any further tax liability to the company, if yes,
compute the amount of such additional tax liability.
76 Speculation Business
In tax year 2019,Mr.Surmawala suffered a net loss of Rs. 850,000 on account of a forward contract for
the purchase and sale of gold in the Mercantile Exchange and settled the contract otherwise than by
the actual delivery or transfer of gold.
Required:
How the above said Loss may be adjusted in accordance with the provisions of Income Tax
Ordinance, 2001.
78 Mr.Hoshyar - Penalty
Mr. Hoshyar, a non-salaried individual, filed his return of income for tax year 2019 on 27 November
2019 and paid a total tax of Rs. 2,173,000 on his declared income.
Required:
Under the provisions of the Income Tax Ordinance, 2001 analyse the above situation and:
(i) Compute the amount of penalty which may be payable by Mr.Hoshyar in addition to his above
tax liability.
(ii) Explain whether Mr.Hoshyar would be liable to pay any penalty, if his declared income in return
filed u/s 114 was below the taxable limit.
79 Advance Ruling
The concept of “Advance Ruling” was brought into tax laws to facilitate foreign investors. Under the
provisions of the Income Tax Ordinance, 2001 and Rules made thereunder, explain the following:
The meaning of the term “Advance Ruling”,who may issue such a ruling andwithin what time it is
required to be issued.
82 Definite information
“The Commissioner may amend an assessment order for a tax year only on the basis of definite
information acquired from an audit or otherwise”. What do you understand by the term “Definite
information” as described in the Income Tax Ordinance, 2001?
83 Pakiza Limited
(a) Pakiza Limited (PL), an unlisted public company, was engaged in the business of producing
dairy products in Punjab. On 1 January 20X7, PL established a new factory in Badin where
the Federal Government has allowed one-year tax exemption to all new businesses. PL
imported plant and machinery for its new factory at a cost of Rs. 8,200,000 from Japan. PL
received a Provincial grant of Rs. 1,000,000 for installing the machinery in Badin whereas
the actual expenditure on installation amounted to Rs. 700,000. Transportation cost of Rs.
200,000 was paid for bringing the machinery to the factory. During installation, one of the
parts was damaged which had to be replaced at a cost of Rs. 45,000. PL also paid a
premium of Rs. 50,000 for insuring the machinery against fire and theft. A cost of Rs.
5,000,000 was incurred towards construction of building and Rs. 1,200,000 for the
acquisition of furniture and fittings. The factory was completed by the end of June 20X7 and
commercial production started on 1 July 20X7.
Required:
Under the provisions of the Income Tax Ordinance, 2001 compute tax depreciation which PL may
claim as deduction in computing its taxable income for the year ended 30 June 20X9.
Note: Depreciation rates are given on the last page.
(b) Under the provisions of the Income Tax Ordinance, 2001 who may be appointed by the
Federal Government as a judicial and accountant member of the Appellate Tribunal?
(c) Under the provisions of the Income Tax Rules, 2002 what would be considered as the date
of acquisition in each of the following cases?
(i) Acquisition of a security on account of a nomination under section 80 of the Companies
Act, 2017 under bequest.
(ii) Borrowed security.
86 Non-Revenue Objectives
„Apart from financing government‟s operational expenditures, taxation also assists in achieving non-
revenue objectives of social and economic development in a country.‟ List any five non-revenue
objectives of taxation.
88 Withholding agents
a. List the persons specified as “Withholding agents” for the purpose of collection of sales tax under
the Sales Tax Special Procedure (Withholding) Rules, 2007.
b. Under the provisions of the Sales Tax Withholding Rules, 2007 state the persons who may be
regarded as withholding agents.
90 Consideration in kind-supply
(a) Folad Limited (FL) has supplied 50 tons of Iron Bars to Tameer Limited (TL). The market price
of the supply is Rs. 2.5 million exclusive of sales tax. Owing to financial difficulties, TL has
requested to settle the price by transferring a piece of land having a market value of Rs. 2.3
million and to pay Rs. 75,000 in final settlement along with the applicable sales tax by way of a
cheque drawn in favour of FL.
Required
Comment on the chargeability of sales tax in the above situation.
(b) Under the provisions of Sales Tax Rules, 2006 narrate the procedure to be followed by Tameer
Limited, in the above situation, if it decides to return 20 tons of Iron Bars to Folad Limited due to
sub-standard quality. Assume that both FL and TL are registered taxpayers.
In order to increase the efficiency and profit margin of her business, she decided to get herself
registered with the sales tax authorities enabling her to reclaim the input tax on her purchases. She
made an application for voluntary registration under the Sales Tax Act, 1990 on April 25, 2019 and
was registered with effect from May 2, 2019. Following was the position of her unsold stock of coffee
and dates at April 25, 2019:
Required:
In the light of the provisions of Sales Tax Act, 1990.
(a) Explain whether and under what circumstances Ms. Hina could reclaim the amount of tax paid
on the unsold stock acquired before registration.
(b) Calculate the amount of input tax, if any, which she can reclaim with her sales tax return for the
month of May 2019.
94 Representative of non-resident
In view of the provisions of Sales Tax Act, 1990 identify the persons who may be regarded as the
representative of a non-resident person for a tax year.
98 Registration
Under the provisions of Sales Tax Act, 1990 and Rules made there under, briefly explain whether the
persons under each of the following situations are required to be registered with Inland Revenue
Department. Also compute the amount of sales tax, if any, payable by or refundable to such persons.
The rate of sales tax is 17%.
(i) A manufacturer whose annual turnover during the last twelve months ended 31 March 2019 is
Rs. 4,500,000 and the amount of his annual utility bills for the same period is Rs. 800,000.
(ii) A distributor whose annual turnover during the last twelve months isRs.3,000,000.
(iii) An importer whose annual turnover is Rs. 12,000,000.
(iv) A commercial exporter who intends to claim a refund of Rs. 200,000.
99 Credit note
Aroma Limited (AL), a company registered under the Sales Tax Act, 1990 is engaged in the business
of production and supply of assorted blend of tea in the local market. Mr.Pali, the sales director,
requested the finance manager to issue a credit note in favour of one of AL‟s customers, who had
bought 50 kg of a special blend of tea on 4 December 2018. Finance manager issued the credit note
on 5 June 2019.
Required:
In view of the Sales Tax Rules, 2006 explain whether AL can adjust the amount of its output tax in
relation to the above credit note in its return for June 2019.
119 Records
Briefly describe the requirements relating to the maintenance and keeping of records by a person
registered under the provisions of Federal Excise Act, 2005.
SECTION
Advanced Taxation
Answers
CHAPTER 01 – INDIVIDUAL
BURQ ENTERPRISES
Personal status: Association of Persons
Residential status: Resident
Tax Year: 2019
Computation of taxable income and tax liability
Imports Consultancy
(MT) Services
Rupees in ‘000’
Net Sales of generators (574,200 / 1.17) 490,769 -
Receipt from consultancy services - 55,000
Cost of sales (W-1) (345,870) -
Gross profit 144,899 55,000
Administrative and selling expenses (allocated on (W-2)
the basis of sales ratio) (70,859) ( 7,941)
Finance cost-Specific to imports (W-3) (7,800) 0
Other Income(allocated on the basis ofsales ratio) (W-4) 450 50
Net Income 66,690 47,109
W-3:Finance cost
As per profit and loss account 9,000
Less: Inadmissible expenses
Interest paid on capital to Mrs. Adil (allowed separately to AoP in ratio of (1,200)
sales)
7,800
W-5: Tax deductible on services is treated as Minimum Tax. Hence BURQ Rupees
ENTERPRISE is required to pay tax as higher of Normal Liability or Minimum
Tax (including turnover tax under section 113) deducted at source.
Calculation of Tax liability under Normal Tax regime is as under:
UptoRs. 6,000,000 880,000
Balance (113,799,000-6,000,000) x 30% 32,339,700
33,219,700
15,136,975
There is no tax liability under normal tax regime as there is no income other than AOP share.
and gross rent is Less than Rs.200,000 and treated as separate block of income
Any salary drawn by member of AOP is appropriation of profit and chargeable to tax being share of
member in the total income of AOP.Divisible profits will be taken after tax profit of AOP.
2 Mr. Khan
Rs. in ‘000
Income from Salary
Basic salary for six months (350,000 × 6) 2,100
Conveyance allowance (50,000 × 6) 300
Value of accommodation 945
(45% of basic salary or fair market rent whichever is higher) (Rule 4)
Company maintained car (2.0 million × 5% × 1/2) 50
Interest free loan [(2.5 million) × 10% x 6/12] 125
Interest on amount of loan utilized for the purchase of asset [Sec.13(8) ] -
Amount of loan waived by TL (2.5 million × 25%) 625
Compensation under redundancy scheme [N-1]
Unapproved gratuity 1,925
(2.0 million – 75K exempt under clause 13 of Part I of Second Schedule) [Note]
Car purchased (1.5 million – 1.0 million) [Sec. 13(11)] 500
Total Salary Income (A) 6,570
Rs. in ‘000
Rent from Mr. Riaz for the Shop – March to June (137,500 × 4) 550
Rent from bank for the residential portion –April to June 2019(100,000 × 3) 300
Capital Gain
(Gain on sale of listed shares, which were held for the period of more than 24
months but less than four years - Rs. 500,000 taxable as SBI)
7,070
(As salary income is more than 50% of the total income so Mr. Khan shall be
treated as salaried person)
(b) On redundancy payment at the average rate of tax (4,000 x 14%) 560
(on the assumption that Mr. Khan, by notice in writing to the Commissioner,
would elect to be taxed on the basis of average rate of tax)
(c) On capital gain 500 x 7.5% (holding between 2-4 years) 37.5
(d) On rent chargeable to tax 900 [Rs. 20 + 10% x (900 - 600)] 50
3 Mr. Yaqeen
60
Leave fare assistance 240
From DPL:
Basic Salary (800 x 6) 4,800
Medical allowance (80 x 6)[exempt being 10% of basic salary] -
Utilities allowance (100 x 6) 600
Amount received as consideration for joining DPL 3,000
Assets received for use at home (200 x 15% /2) 15
Perquisite in the form of concessional loan (10%-8% x 5,000 x (3/12)) 25
Total income under the head salary 11,740
Capital Gain:
Gain on disposal of painting (W-1) 176
th
Less: 1/4 of gain is exempt due to sale after one year (44)
Net gain on disposal of painting 132
Sale of shares in ABL under NTR (W-2) 50
182
Taxable income for the year 11,922
(i) An option to purchase shares under an employee scheme granted to an employee is not
chargeable to tax unless such a right or option is exercised. [Section 14]
(ii) The perquisites received by an employee in the form of free or subsidised medical treatment
provided by a hospital or clinic is exempt from tax. For the purpose of calculating the
perquisites, an ex-employee is included in the definition of employee. [Clause 53A of Part I of
nd
2 Schedule]
(iii) Any foreign source income, in a tax year, of a citizen of Pakistan who was not a resident in any
of the four tax years preceding the tax year in which he became a resident shall be exempt
from tax in the tax year in which he became resident and in the following tax year. Therefore,
salary arrears received by Mr. Yaqeen from his ex-employer in Norway is exempt from tax in
the tax year 2019. [Section 51]
(iv) Rental income from agricultural land received by an owner of such land is treated as
agricultural income and is exempt from tax. Therefore, the amount of Rs. 600,000 received by
Mr. Yaqeen is an exempt income. [Section 41]
(v) Subject to certain conditions and limitations, a loan utilized for the construction of a new house
or the acquisition of a house is entitled to be deducted from total income (deductible
allowance). However, the loan obtained by Mr. Yaqeen was for the purpose of renovation of his
existing residential house, therefore, it is not eligible for deductible allowance. [Section 60C]
4 Mr. Sohail
5 Mr. Iqbal
Note:
(1) As the earlier car was provided to Mr. Iqbal for business use, no personal benefit was derived
by him; hence, no amount is taxable as a perquisite.
(2) Where the issuance of shares is subject to a restriction on the sale or transfer of the allotted
shares, no amount is chargeable to tax to the employee until the earlier of:
Since neither of these events occurred before 30 June 2019 no amount is taxable as salary of
Mr. Iqbal for the tax year 2019.
(3) According to Section 62(1) of the Income Tax Ordinance, 2001 a resident person who has
invested in new shares or sukuksoffered to the public by a listed company and has also paid
life insurance premium on a policy to the life insurance company shall be entitled for a tax
credit, only on any one type of investment. Since the amount paid by Mr. Iqbal in respect of life
insurance premium is more than the amount invested by him in right shares, he would be
entitled for a tax credit on insurance premium paid in life insurance policy on the lower:
a) Rs. 500,000
b) 20% of Rs. 7,396,000 or
c) Rs. 2,000,000
(4) It is assumed that he joined the above pension fund before the age of 40.
Restricted to the number of days it was used in the tax year (122÷365)
[No. of months can also be used] 60,164
Since 45% of the basic salary is higher than FMR, hence the same shall be added in the salary income
of the employee.
6 Mr.Saif
Personal Status: Individual
Residential Status: Resident
Computation of income tax liability
For the tax year 2019
Income from Salary: Rupees
Basic Salary (600,000×12) 7,200,000
Guaranteed bonus (relates to tax year 2020) -
Air ticket reimbursed 120,000
Perquisite representing carW-1 75,000
(Rs. 100,000 spent by RPL on maintenance is exempt in the hands of Mr.
Saif)
Perquisite representing accommodationW-2 3,240,000
Old stock purchased from RPL (Rs. 14,000 – Rs. 5,000) 9,000
Total income under the head salary 10,644,000
Income from property:
Rent of plot of land (25,000 × 10) 250,000
Amount not adjustable against the rent -
(Nothing is to be included in the chargeable income as this provision of law is attracted where the
owner of building and not land receives such amount and No deductions are allowed to individual as
well.)
Capital Gain:
Consideration received on sale of 1,200 shares in Mio Ltd.(1,200 × Rs. 50) 60,000
Less: Cost of acquisition 1,200 x 35 (42,000)
Incidental expenses (0.5% × 60,000) (300)
Net gain on disposal of securities 17,700
Since more than 50% of the shares in Mio Limited are held by China Government, the company is
treated as a public company for capital gain purposes and treated as separate block of income.
Income from business:
Admission fee received (75 × 25,000) 1,875,000
Membership fee received {(20 × 11 + 25 × 6 + 30 × 4) x Rs. 5,000} 2,450,000
Less: Admissible expenses:
Salaries paid: Mr. Saif(inadmissible being the owner of the club) -
Son (45,000 × 11) (495,000)
Fines (inadmissible) -
Cost of repair of electrical wiring (85,000)
Depreciation: Fitness W-3 machines (996,875)
Fire W-3 screen (72,500)
Other misc. expenses (120,000)
2,555,625
399,625
7 Mr.Pansari
Personal Status: Individual
Residential Status: Resident
Computation of Taxable Income and Income Tax Liability
For the tax year 2019
Income from Salary: Rupees
Basic salary per month (Rs. 450,000 x 12) 5,400,000
Conveyance allowance per month (Rs. 50,000 x 12) [N-1] 600,000
Conveyance for business and private use (Rs. 3,000,000 x 5%) [N-2] 150,000
Leave encashment (benefit due but voluntarily waived off is fully taxable)
[U/S 69(c)] 75,000
Marginal Perquisites (Rs. 500 x 2 x 12) [N-3] 12,000
Employee Shares Scheme:
Gain on acquisition of shares from Trio Limited (8,000 x 2x 102) 1,632,000
Pension from Ex-employer [N-4] -
Directors meeting fee [N-5] 200,000
Total income from salary 8,069,000
8 MH Associates
Masood
Computation of Income Tax Liability
For tax Year 2019
Income from Business: Rupees
Share of profit from AOP for rate purpose only (Net profit before tax – exempt income 2,472,300
– tax liability for the year ) x 60%
Hence(6,000,000 – 800,000 – 1,079,500 )× 60%)
Capital gains:
Foreign source income:
Gain on sale of shares of Lucky Inc.(W-1) 1,428,750
Tax credit shall be allowed for the lower of foreign tax liability in respect of sale of
shares or Pakistan tax in respect of foreign source income, calculated by applying the
“average rate of Pakistan income tax” to the net foreign source income for the year.
Foreign tax credit (1,500 × 90) 135,000
Pakistan tax on foreign source income (1,428,750 × 5.72%) 81,725
The lower of the above two shall be allowed as tax credit (81,725)
Less: Tax credit on payment of Zakat (donation)–not allowed paid in cash 0
Less: Tax paid at source u/s 236Q (12,000)
Excess tax paid by MHA (1,100,000 – 1,079,500)- inadmissible -
Net tax payable for the year 20,160
Note:
Since the time taken by Masood to complete the book was less than 24 months, the entire amount of
royalty will be taxable in the current year.
W-1: Computation of Capital gain on disposal of shares:
Consideration for shares (2,500 × 32 × 90) 7,200,000
Less: Cost of the shares (2,500 × 2100) (5,250,000)
Commission paid to broker (0.2 × 2,500 × 90) (45,000)
Gain on disposal of shares 1,905,000
Exempt amount – 25% of the gain u/s 37 (476,250)
Taxable gain 1,428,750
9 Big Pharma
Personal Status: Company
Residential Status: Resident
Computation of income tax liability
For the tax year 2019 Rs. in 000‘
Accounting profit before taxation 17,150
Add: Inadmissible expenses:
Accounting depreciation recorded in:
Cost of sales 3,200
Administrative expenses 800
Provision for slow moving stock 1,300
Demurrage -
Royalty -
Damages paid to distributors on breach of contract -
Provision for bad debts 1,100
Small items of Office equipment charged off 1,400
Unrealized exchange loss 1,350
Interest on foreign debt [u/s 152(3) no approval from CIR 1,300
obtained]
WWF as per accounts 350
Loss from Oman branch 3,400
Profit from Qatar branch (2,700)
Net loss from foreign source (to be carried forward for 700
adjustment against foreign source income of the following
tax year, if any.)
11,500
28,650
Less: Admissible expenses:
Tax depreciation (assumed inclusive of office 6,000
equipment given in question)
Bad debts written off (W–1) 300
(6,300)
Taxable income 22,350
Less: brought forward tax loss (assumed it is only business (6,100)
loss without any unabsorbed depreciation loss)
Taxable income 16,250
WWF (W–2) (350)
Net taxable income 15,900
Rs. in ‘000
W-1: Computation of bad debts written off:
Opening balance of provision for bad debt account 2,500
Add: provision during the year 1,100
3,600
Less: Closing balance of provision for bad debt A/c (3,100)
Debts written off during the year 500
Less: Loan to Oman branch written off[W1(a)] 200
Bad debt written off allowed for tax purpose 300
W-1a Since the loan to Oman branch had not been offered to tax as business income previously,
the same could not be claimed as admissible deduction even if it was written off.
W-2 WWF
WWF is payable @ 2% of accounting profit before charging WWF or taxable income
whichever is higher.
Rs. in 000
Taxable income 16,250
Accounting profit (Rs. 17,150 + 350) 17,500
2% of accounting profit i.e. Rs. 350,000 is higher than 2% of taxable income i.e. 325,000.
(b) Aggregate outstanding balance of loans received by RL from foreign controllers as at June
30,2019:
Amount
in million
Received from:
BP $ 4.2
ATX Gmbh $ 3.8
$ 8.0
@ Rs. 85 ($ 8.0 million x 85) Rs. 680.0
Rs.
Total equity at the beginning of the year: in million
Net assets as at June 30, 2019 (2,900 – 2,670) 230
Less: After tax profit for the year (150)
80
Add: Interim dividend paid during the year 100
Equity at the beginning of the year 180
Calculation of Dividend:
Accounting profit before tax 1,095,000
Less: Tax (as calculated above) (186,150)
Profit after tax 908,850
Dividend on Rs. 908,850 @ 60% (545,310)
Profit retained after dividend 363,540
Total tax payable by the business:
On company profits (1.25% of sales or ACT 1,095,000 x 17%) 186,150
Tax payable on dividend:
Mateen (545,310 x 60% =327,186 x 15%) 49,078
Vaqas (545,310 x 40% =218,124 x 15%) 32,719
Total tax payable in case of a company (C) 271,947
Based on the above information it would be better for Mateen and Vaqas to operate as an AOP
category, if possible, being lowest tax impact (Rs.201,625).
Rs. in ‘000
Less: Admissible expenses:
Initial allowance on new plant and machinery [25% x 52 million] ( 13,000)
Normal depreciation on new plant and machinery ( 5,850)
[15% x (52 – 13) million]
Tax amortization of industrial software(4.8/3x3/12) (400)
Actual No. of days may also be used [4.8/3*91/365]
( 19,250)
Taxable income for the period 89,750
Less: B/f tax loss of Rs. 31.3 million
-
[Inadmissible as it relates to a period beyond six years]
Unabsorbed tax depreciation (11,000)
Unabsorbed amortization of pre-commencement expenditure (7,700)
Taxable income 71,050
Computation of net tax liability:
Tax on Rs. 71.050 million @ 29% or higher of 1.25% of 1,100,000 or
17% of [Rs. 152,500 (less exempt & covered under FTR) – 50,000 – 20,604
27,000]
Less: Tax credit
on donation Rs. 13 million or 20% of taxable income
whichever is lower [71.050 million x 20% = 14.210 million] (3,900)
x 30% x 13,000
for investment in plant and machinery @ 10% (5,200)
Foreign tax paid on royalty received from Singapore [since the royalty
income is exempt from tax, no credit would be allowed] [U/C 131 Part-I of -
Second Schedule]
Higher of A & B 11,504 (A)
Alternative Corporate Tax:
Accounting Income 152,500
Less: Exempt + Royalty (50,000 + 27,000) (77,000)
Services outside Pakistan (not excluded in section 113C) 75,500
17% of 75,500 12,835
Tax credit for investment in plant and machinery @ 10% of (5,200)
52 million
7,635(B)
Add: Tax payable on services rendered outside Pakistan [@ 4% (being 3,600
nd
50% of 8% (U/C 3 of Part-II of 2 Schedule) of gross receipt of Rs. 90
million]
Total tax payable 15,104
Working:
Taxable Income (estimated profit) x (percentage of contract completed) Rupees
Estimated Profit (Total contract price – Total costs) (9,000,000 – 6,750,000) 2,250,000
3,105,000
2017 46%
6,750,000
2,632,500
2018 39%
6,750,000
1,012,500
2019 15%
6,750,000
Note:
1. It is assumed that RPL is a public company listed on registered stock exchange in Pakistan.
Therefore its income will be assessed under normal tax regime. [Section 153]
2. In case RPL is not listed, gross receipts will be treated as taxable income tax deductible @
7% will be final tax liability of RPL. [Section 153]
3.
In this question as the total revenue and total cost of project has remained the same in all the
tax years of the project so percentage of completion in each tax year has been used. If the
total revenue and costs will not remain the same after the end of first tax year then after the
first year instead of applying each year stage of completion percentage the stage of
completion percentage till the end of all tax years shall be computed and applied on total
revenue and total costs and finally all the already recognized revenue and costs in the
preceding tax years shall be deducted in order to compute revenue and cost for each tax
year.
Amount in Rupees
Pakistan source income Foreign source income Total
Local Export
Korea China
(NTR) (FTR)
Excess provision written
back admissible as
straight deduction
[Note-(ii)] (100,000) - - - (100,000)
Taxable income for the -
period 4,900,000 800,000 - 5,700,000
Less: Donation
(PM Fund)
[Note-(iii)] (600,000) (600,000)
Taxable income 4,300,000 800,000 - 5,100,000
Tax rate 1% of the
29% export 29% 29%
proceeds
Tax liability 1,247,000 70,000 232,000 - 1,549,000
Less: Foreign tax credit (232,000) (232,000)
(lesser of foreign tax paid
or Pakistan tax payable
on such income)
[Note-(iv)]
- - - 1,317,000
Less: Taxes paid during
the year (1,600,000) (70,000) - - (1,670,000)
Net tax payable /
(refundable) (353,000) - - - (353,000)
No turnover tax u/s 113 and alternative corporate tax has been computed as the same are less than
tax computed under normal tax regime on the taxable income of the company.
Notes:
(i) Profit on debt paid by a resident in respect of a debt utilized for the purpose of carrying on
business outside Pakistan through a permanent establishment is against foreign source
income. Therefore, profit on debt paid by SL shall not be admissible against local source
income. However, it is admissible against income earned from China branch.
(ii) Since excess provision for bad debts had not been previously allowed as deductible expense.
Therefore it would not be chargeable to tax. [Section 29]
(iii) Donation paid to Prime Minister‘s Relief Fund is exempt from tax and is allowed as a direct
nd
deduction from taxable income. [Clause 61 of Part I of 2 Schedule]
(iv) In case of Korea and China branches, since the foreign income tax paid Rs. 250,000 and Rs.
400,000 respectively is in excess of the Pakistan income tax of Rs. 240,000 and NIL
respectively, the tax credit allowed would be restricted to Rs. 240,000 and NIL.Further, the
excess amount of Rs. 10,000 and Rs. 400,000 respectively would not be allowed to be
refunded, carried back to the previous tax year, or carried forward to the next tax year. [Section
103]
(v) It is assumed that SL has opted for FTR for Exports u/s 154, and further assumed that sales of
Rs.7.0 million is equal to export proceeds subject to tax deduction @ 1%.
SL VL ML
Total business income / loss for the year(A) 3,620 (1,750) ( 129)
Capital Gain:
(B) - - 100
Total taxable income before availing group relief 3,770 (1,750) 271
Business loss carried forward to next tax year Nil (500) Nil
Advance tax paid u/s 147,148 and 153 (789) (275) (30)
N-1
Notes:
N-1: Since normal liability under transport business is more than 2% minimum tax u/s 153 already
deducted, therefore provision of minimum tax in respect of transport service income shall not apply.
Rupees in ‘000
Plant &
Machinery and Others Total
Delivery Trucks
Delivery truck ML
ML
Addition 1,500
Initial allowance @ 25% 375
Depreciation @ 15% 169 544
Good transport vehicle plying for hire is eligible depreciable asset, hence initial allowance @ 25% to
be calculated.
(Rupees in ‘000 )
Exports Local Total
Add: Admissible expenses
Tax depreciation on other assets [810/2,250x1,800] 648 648
Tax adjusted administrative & selling expenses 4,188 4,188
Finance cost Actual 1,500 1,500
Less: Interest to non-resident in excess of 3:1 (Reason
note 1) (156) (156)
Less: Interest expenses on finance lease (Reason note 2) (180) (180)
Add: Lease rentals (Reason note 2) 500 500
Tax adjusted finance cost 1,664 1,664
Other charges Actual 2,000 2,000
Less: Shares under group scheme (1,758) (1,758)
Tax adjusted other charges 242 242
Net income 1,347 3,897
(iv) Donation of Rs. 200,000: A donation is not business expenditure. However, donations to
institutions, approved by the Commissioner and FBR are eligible for tax reliefs. Since the
hospital to which donation was made is not run by the Federal or Provincial or a Local
Government, it cannot be claimed as admissible deduction and no tax credit would be allowed
against the same.
(v) Foreign withholding tax of Rs. 1,170,000: [U/S 103]
(vi) Taxes paid in Indonesia and Singapore against export sales are not eligible to be claimed in
Pakistan because tax credit for tax paid outside Pakistan is not allowed in case of FTR.
No Alternative Corporate Tax has been computed as it is on lower side as compared to tax
under NTR.
Reasons for the treatment of items in note (iii) and (vii).
1) Thin capitalization:
A foreign-controlled resident company whose foreign debt to foreign equity ratio, at any time
during a tax year, is in excess of 3:1, will not be allowed to claim as deduction the amount of
interest on that part of its foreign debt which is in excess of 3:1 ratio.
Since PPL is a foreign-controlled resident company, it cannot claim interest paid by it to its
foreign controller, Capsule plc., on that part of its foreign debt of Rs. 8,500,000 which is in
excess of 3:1 ratio.
Disallowed interest in excess of debt to equity ratio of 3:1
Rs. in ‘000
Amount of foreign debt 8,500
PPL‘s equity at the beginning of the year 4,000
Share of Capsule plc. in the equity of PPL (0.6x 4 million) 2,400
2) Leased Machinery:
In case of a finance lease the interest charged to the accounts of Rs. 180,000 is an
inadmissible deduction.
However, the lease rentals of Rs. 500,000 are an admissible deduction.
After the transfer of machinery to PPL at residual value of Rs. 640,000, tax depreciation would
be admissible on it.
For the purpose of calculating tax depreciation, the residual value of the machinery (and not its
market value) shall be treated as its tax written down value (WDV). As residual value is the
consideration that was paid by PPL.
The depreciation is allowed for the full year, even if the machinery is used for a single day.
The machinery would not be eligible for initial allowance as it was already in use of PPL.
Rs. in ‘000
Tax depreciation at the rate of 15% on Rs. 640,000 96
(Note-3):
In this question as the total revenue and total cost of project has remain the same in all the tax years
of the project so percentage of completion ineach tax year has been used. If the total revenue and
costs will not remain the same after the end of first tax year then after the first year instead of applying
each year stage of completion percentage the stage of completion percentage till the end of all tax
years shall be computed and applied on total revenue and total costs and finally all the already
recognized revenue and costs in the preceding tax years shall be deducted in order to compute
revenue and cost for each tax year.
Zeta Limited
Computation of taxable income
For the tax year 2019
Rs. in ‘000
Income from Business:
Profit / (loss) before taxation 500
Add: Tax depreciation for the year 490
Less: Deemed income (85)
775
Capital Gain:
Gain for the year 800
Less: B/f capital loss – tax year 2012 -
Less: B/f capital loss – tax year 2013 (65)
735
Rs. in ‘000
Income from Other Sources:
Income for the year 100
Add: deemed income 85
185
Note:
(1) Only the loss which has been assessed or determined under the provisions of Income Tax
Ordinance, 2001 can be carried forward and set-off under the respective provisions of the
Ordinance, therefore the un-assessed business loss carried forward from tax year 2018 cannot
be set-off against the business income of 2019. [Section 56]
(2) Capital loss brought forward from tax year 2012 cannot be set off against capital gains of tax
year 2019 as no loss can be carried forward to more than six tax years immediately succeeding
the tax year for which the loss was first computed. [Section 59]
(3) The speculation loss carried forward from tax year 2017 can only be set-off against income from
speculation business chargeable to tax in tax year 2019. Since in tax year 2019, ZL has no
speculation income, therefore the brought forward loss would be carried forward to the next tax
year. However, such a loss cannot be carried forward to more than six tax years immediately
succeeding the tax year for which the loss was first computed i.e. 2017. [Section 58]
(4) Under group relief only the losses other than the capital and brought forward losses can be
surrendered in favour of a subsidiary of a holding company. [Section 59B]
Rupees
Legal fees paid for filing of statements with KSE and LSE -
WWF 98,000
Profit on debt (Bank profit)- (covered under the head income from other
sources) (180,000)
(1,797,000)
Less:
Property tax (96,000)
Tax dep. on building (3,800,000 × 10%) No IA as Reconstruction (380,000)
Tax dep. on machinery (1,500,000 × 15%) [no initial allowance on used
machinery] (225,000)
(701,000)
649,000
Total income from other sources –C 829,000
Total income for the year(A+B+C) 1,498,500
Less: Donation lower of: [1,228,279 × 20%] Or Rs.300,000 (245,656)
Income before WWF 1,252,844
Less: WWF (needs computation)W-2 (24,565)
Taxable income for the year 1,228,279
W-2: WWF
WWF is payable @ 2% of accounting profit before charging WWF or taxable income whichever
is higher.
Rupees
Taxable income (before WWF) 1,252.844
(1,258,000)
(610,000)
Add: Rupees
Common expenses attributable to income subject to final taxW-1 936,000
Totalincome 326,000
Less: Zakat paid (10,000)
Taxable income- NTR 316,000
Notes:
N-1 Donation paid to educational institution:
The donation of Rs. 60,000 paid to an educational institution established by the Provincial
Government is entitled to a tax credit. Since the taxable income of KA is below the basic threshold of
Rs. 400,000, no tax credit shall be allowed to KA.
The tax deducted as a final tax shall not be reduced by any tax credit under the Income Tax
Ordinance, 2001, unless otherwise specified.
Rupees ‘000
Export Comm-
Local sale Export Total
House ission
Rupees ‘000
Export Comm-
Local sale Export Total
House ission
NTR FTR FTR FTR
Financial charges:
(W-3)
Mark-up on finance obtained for
export - (9,000) - - (9,000)
Bank charges related to export
sales - (2,150) - - (2,150)
Allocation of common expenses
[G.P ratio] (1,812) (2,213) (108) (232) (4,365)
Add: Other income
(W-4) 1,500 - - - 1,500
Add: Exchange gain - 2,000 - - 2,000
Export rebate - 3,900 - - 3,900
Duty drawback - 1,600 - - 1,600
Taxable income 7,867 4,224 387 828 13,306
Tax for the year (N-3) 2,281.43 1,695.58 105.15 516 4,598.158
Less: paid u/s 147 (3,450.00) - - - (3,450.00)
Paid u/s 153 -
Paid u/s 154(3c) [169,558 x 1%]*1
1,695.58) (1,695.58)
Paid u/s 233 (432) (432)
Tax payable / (refundable) for
tax year (1,168.57) 105.15 84 (979.42)
CGT on shares (W- 4A) -
Total tax refundable (979.42)
*)175,951 x 85% = 149,558 + 20,000 = 169,558)
Note: Fee received from Bahrain and capital gain on sale of shares in Blue Limited isexempt from
tax and since no direct expenditure was incurred in earning such income, no expenditure would be
allowed against such income.
Working notes: Rupees ‘000
Cost of sales: W-1 245,350
Less: Freight directly allocated to export house sale (500)
Common cost of sales 244,850
Rupees ‘000
Administrative and selling expenses: W-2 70,100
Less: Inadmissible expenses:
Clearing and forwarding expenses (485)
Legal expenses -
Advertising expenses–unsuccessful marketing campaign -
Cost of acquiring a business contract-Intangible (800)
Contribution to foreign pension fund (assumed unapproved by SECP) (2,000)
Sales tax on entertainment and courier charges -
Provision for doubtful export rebate [provision inadmissible] (700)
Provision for doubtful duty drawback [provision inadmissible] (400)
Less: Reclassification/allocation of direct expenses:
Ocean freight (4,700)
Common administrative and selling expenses 61,015
W-4A Since the shares in Blue Limited were held by KL for a period of more than 4 -
years, gain on sale of these shares would be charged to tax @ 0% [Rs. 2,550x0%]
Notes:
1. It is assumed that direct cost / related expenses (except freight given in the question) against receipt
of rendering of dying and embroidery services to export house have already accounted for in the
preceding tax year. Therefore, no further cost / expenses shall be allocated in the current year.
2. Clearing and forwarding expenses i.e. services paid without any withholding deduction, therefore
inadmissible expense.
3. Export sales will be FTR on the basis of actual gross receipts during the tax year i.e. 1% of gross
export receipt deducted will be the final tax liability for that tax year.
22 ZJ Limited
Rs. in ‘000
Capital Gain:
Gain on disposal of plot (10,000–3,000)[Separate block of income] 7,000
Gain on sale of securities in ML [(85–50 × 100,000) +(78–50 × 100,000)]U/R 13P(d)
related to negotiated deal transactions 6,300
Separate block of income
B 13,300
Income from Other Sources:
Share of profit from AOP C 1,250
Total income for the year(A+B+C) 28,170
Less: Separate block of income:
Gain on disposal of plot of land-immovable property (7,000)
Gain on sale of securities in ML (6,300)
Taxable income for the year 14,870
Computation of net tax liability
Tax regime [as opt out of PTR] NTR
Tax on taxable income [14,870 @ 29%](i) 4,312
Minimum tax [199,000 × 1.25%] (ii)W-1 2,488
Minimum tax u/s 154: [30,000 x 1%](iii)
(Proportionate tax under NTR is already higher than minimum tax. Therefore no
impact on tax liability) 300
Minimum tax u/s 148 (packing material) (iv)
(Assuming proportionate tax on sale of packing material is higher than minimum tax) 1,200
Alternative corporate tax [22,300×17%] (v)W-2 3,791
Tax charged would be higher of (i), (ii), (iii) (iv) or (v) above 4,312
Tax on Plot [7,000 × 5%] holding period up to 3 years 350
Tax on sale of securities [6,300 × 7.5%]holding period > 24 months < 4 years 473
Gross tax payable 5,135
90% of gross tax payable for the year [5,135 × 90%] 4,622
Less: Taxes paid u/s 147, 148, 153 and 154 [1,000+1,200+1,050+300] (3,550)
Amount of shortfall during 2019 1,072
st
Period of default from 1 July 2018 to 31st January 2019 (assuming paid with return
on 31 January 2019) = 215 days
Amount of default surcharge @12% [1,072 × 01/07/2018 to 31/01/2019 12% × 215
÷ 366] 76
Tax liability including default surcharge 4,698
Less: Tax deduction at source:
Advance tax paid u/s 147 (1,000)
Advance tax paid u/s 148 (1,200)
Tax deducted u/s 153 (1,050)
nd
Foreign Debt attracting the provisions of thin capitalization: (interest exempt from tax-2
Schedule Clause 72(i))
Loan received on 15 March 2018 315
Foreign debt where thin capitalization is not applicable: (as interest expense is not exempt or
charged at a lower rate of tax)
Loan received on 1 June 2018 168
Thin capitalization ratio = Foreign debt ÷ (Foreign equity * 3)
Thin capitalization ratio for DPL = 315 million ÷ [86 million x 3] = 1.2209
Rupees
Interest paid/accrued for DPL in tax year 2019:
Debt where thin capitalisation rule is applicable (315 million × 11% × 200÷365) 18,986,301
Therefore, total profit on debt allowable for tax purposes under the provisions of Income Tax
Ordinance, 2001 is Rs. 18,920,275.
Note: Any alternative approach in arriving at the above deductible profit on debt of Rs. 15,551,070 is
also considered.
24 Bismil Limited
Exempt income:
Monetary award by President – Exempt B 1,000,000
(1,000,000)
Taxable income for the year under NTR 23,369,701
(5,925,000)
852,213
Add: Service charges payable to the Federal Government 500,000
Net tax payable 1,352,213
*Note:
1.As in the given case one of the pre-condition for exemption of dividend income has not been met i.
e. the group should be 100% owned.
2.Further dividend income for a corporate sector being as recipient in taxable under NTR by virtue
of exclusion of dividend income from section 8 of the Income Tax Ordinance, 2001.
(a) (i) Alpine Pharmaceuticals Limited would be allowed maximum 10% of the turnover as
deductible expenditure. Therefore, in this case it would be allowed to deduct Rs.
1,300,000 in computing income from business that is less than the limit of Rs.
2,140,000 specified u/s 21 (o) of the Income Tax Ordinance, 2001. (20,000,000 ×
107% x 10%)
nd
Foreign debt eligible for thin capitalization: (interest exempt from tax-2
Sch.Cl.72)
Thin capitalization ratio = Foreign debt ÷ Foreign equity ÷ 3
Thin capitalization ratio for SPL = 113 million ÷ 34 million ÷ 3 = 1.10784
Therefore, total interest on debt allowable for tax purposes under the provisions of
Income Tax Ordinance, 2001 is Rs. 6,769,931.
(iii) Withholding tax is required to be deducted from Pakistan source income. In this case
income of the China based company is not Pakistan source as the items were
purchased from their website in China (it does not matter whether payment was
transferred from Pakistan) . Therefore, the entire amount of Rs. 300,000 will be
deductible.
(iv) In order to claim the purchase of raw material of Rs. 700,000 as deductible, NL was
required to deduct withholding tax of Rs. 28,000 from the payment made to DL.NL‘s
failure to withhold tax from the payment has resulted in disallowance of 20% of the
amount of purchase of raw materials.
However, since the payment against purchase of raw material under single account
head, in aggregate, exceeded the basic threshold of Rs. 50,000, NL was required to
pay the amount through banking channel by way of either crossed banking instrument
or online transfer of funds or through credit card showing transfer of funds from NL‘s
business bank account to DL‘s business bank account. Contrary to this, NL made
online transfer of payment from their business bank account into DL‘s director‘s
personal bank account. In view of above, the entire amount of Rs. 700,000 would be
disallowed.
26 RM Associates
RM Associates (RMA)
Computation of taxable income and net tax liability
Tax year 2019
Rupees
Fee for
Retainership
technical *Other fees Total
fee
services
Scheme of taxation: NTR/min. tax Exempt Exempt
Net revenue 19,710,000 6,210,000 10,580,000 36,500,000
Sales ratio 54% 17% 29% 100%
Less: common expenses (W-1) (8,608,263) (2,710,010) (4,622,960) (15,941,233)
Total income 11,101,737 3,499,990 5,957,040 20,558,767
*Explanation:
An amount of Rs. 10,580,000 received from clients in Iran and Afghanistan on account of provision of
on-line services falls within the ambit of export of ‘IT enabled services’ under clause 133 of Part I of
the Second Schedule to the Ordinance. It is therefore, exempt from tax. Consequently, withholding
tax at the rate of 1% deducted from export proceeds is refundable.
*Depreciation has been claimed on the basis that the amount of security deposited atthe inception of
lease against residual value of leased vehicle has not been claimed as lease rentals.
Other Engineerin
Export sales
sales/services g services Total
NTR MTR FTR
Sales ratio 66.32% 3.98% 29.70% 100%
Less: Expenses:
Total expenses 47,895,000
Add/(Less):
Packing material-
direct (900,000) (900,000) (900,000)
Accounting
depreciation (2,520,000)
Tax depreciation 4,800,000
Common expenses 49,275,000 (32,679,117) (1,960,414) (14,635,469) (49,275,000)
Other Engineerin
Export sales
sales/services g services Total
NTR MTR FTR
Alternative corporate tax (ACT) [ 3,177,309 × 17%] (iii) W-2 540,143
Tax charged would be higher of (i), (ii) or (iii) above 677,988
Tax on export sale to China- FTR [14,931,000 × 1%] u/s 154(1) 149,310
Tax on prize on prize bond – FTR u/s 156 45,000
Gross tax payable 872,298
Less: Tax deduction at source:
Tax @1 deducted on export proceeds u/s 154 [14,931,000 × 1%] u/s 154(1) (149,310)
Tax deducted u/s 153 – minimum tax (160,000)
Advance tax paid u/s 148 – Minimum tax (49,500)
Advance tax u/s 156 – FTR (45,000)
Net tax payable 468,488
28 Olive Limited
Computation of Net Sales Tax Liability
For the tax period May 2019
Rs. in ‘000
SALES TAX CREDIT (INPUT TAX) Gross Taxable
Sales Tax
Value Value
Sales tax withheld by the return filer as withholding agent (W-2) 124
Notes:
N-1:The restriction of 90% is not applicable in case of commercial imports provided value of imports
subject to 3% value addition tax exceeds 50% of value of all taxable purchases. Since such value is
< 50% in the question therefore 90% rule is also applicable on commercial imports.
nd
N-2:Sales tax @ 16% on custom agents [serial # 3, 2 schedule of Punjab Sales Tax on services].
100% withholding tax [Rule 5 Punjab ST on services (withholding) Rules 2015.
N-3:Input on fixed asset is excluded while comparing 90% and is adjustable in totality.
N-4: No further tax has been charged on export sales as they are not required to be register under
Sales Tax Act, 1990 &read with SRO 585(I)/2017, Dated: 01/07/2017.
N-5: Sales Tax on clearing agent services has not been included in residual input tax on the
assumption thus it has not been used for exempt or export sales.
Rupees
Rs. in ‘000
Tax withheld from advertisement services in Punjab Province 650 x 16% 104
124
A person who is a recipient of advertisement services is required to withhold and deposit the amount
of sales tax mentioned on the invoice and where sales tax amount is not indicated, the recipient of
advertisement services shall deduct and deposit the sales tax at the applicable rate.
Rs. in ‘000
Taxable Value Sales Tax
Input tax credit to be carried forward -
Refund claim (input consumed in export) (W-2) 1,791
Less:
Penalty (50)
Additional tax (25)
Net amount refundable 1,716
Note:
If a registered person is liable to pay any tax, default surcharge or penalty payable under any law
administered by the Board, the refund of input tax shall be made after adjustment of unpaid
outstanding amount of tax or, as the case may be, default surcharge and penalty.[Section 10(2)]
N-2: No further tax has been charged on export sales as they are not required to be register under
Sales Tax Act, 1990 read with SRO 585(I)/2017, Dated: 01/07/2017.
Workings:
W-1:
Input tax on imports 2,000
Less: on private use (100,000 x 20%) (20)
(1,980)
W-2: Apportionment of input tax
Gross Taxable
Sales tax
value Value
Domestic purchases from registered persons 70,700 70,700 12,019
Electricity bills - - 60
Gas bills 21
Mobile Phone bills 26
Residual input tax Total 12,126
W-4:
A person is required to make payment through banking channel within 180 days. In case of delay
beyond 180 days, related input tax is disallowed. 180 days lapsed in August and hence related input
tax reversal would have been made by KEL in September return. Hence there will be no treatment for
Rs. 34,000 (200,000x17%).
Rs. in ‘000
Taxable Sales
Value Tax
W-1
Domestic purchases:
Steel sheets, copper wire, aluminum and allied R.M 2,500 425
Lubricants, spare parts and stores 4,500 765
stationary for the maintenance of inventory record 500 85
Sales tax on services under respective provincial laws:
- Bill Board advertisement service (N-1) 700 112
On banking services
L/C opening charges 500 -
Safe custody fee 100 -
Total 1,387
Less: Purchase return (153)
Total input on purchase of manufactured goods 1,234
Export supplies 3,800
Other zero rated supplies (1,900 + 650) 2,550
6,350
Input tax on zero rated and export to be claimed as a refund(6,350 /13,350
x1,234) 586.959
N-1: Withholding tax provisions on advertisement services on billboard under ICT shall be same as
applicable under Sales Tax Act, 1990 by virtue of Rule 3(3) of ICT (on services), 2012 read with Rule
2(3A) of Sales Tax Special Procedure (Withholding) Rules, 2007 therefore 100% of sales tax amount
i.e. Rs. 112,000 has been deducted by the Company being as recipient of advertisement services.
Rs. in ‘000
SALES TAX DEBIT (OUTPUT TAX)
Domestic Supplies of Alpha to registered persons (add 15,000 17,000 2,890.00
2,000 difference of open market price)
Domestic Supplies of Alpha to un-registered persons 3,000 3,000 510.00
Domestic Supplies of Gama (Exempt goods) 18,000 - -
Export to Turkey (Gama) 7,000 - -
Domestic Supplies of Beta
rd
[3 sch. Item - retail price] 5,000 6,250 1,062.50
Supply of Beta to Export Processing Zone 625 625 0
Free replacement of defective units of Alpha 1,000 0
(sales tax already paid initially with original price) 0
Supply of Beta to employees 1,250 1,250
[third sch. item at retail price] 212.50
Output tax for the month 4,675.00
W-2
Gamma Value Input Tax
Local exempt supplies 18,000 1,836
Export - Zero rated 7,000 714
25,000 2,550
Complete input tax will be disallowed. However refund of Rs. 714 can be claimed in respect of zero
rated.
Note:
rd
Sales tax withholding is not applicable on 3 schedule items.
SALES TAX CREDIT (INPUT TAX) Gross Value Taxable Value Sales Tax
Domestic Purchases:
Domestic Supplies:
4,590,000
Refund claim (input on zero rated supply for aircraft) (W-1) 204,708
Taxable
W-1: Apportionment of input tax Gross Value Sales Tax
Value
Rupees
Refundable input tax on Zero rated supplies (4,913 x 500/48,000) (C) 51,177
Zero rated supplies for aircraft maintenance (weight > 8,000 Kg.) 2,000,000
Refundable input tax on Zero rated supplies (4,913 x 2,000/48,000) (D) 204,708
Notes:
1. Goods destroyed by fire:
Goods destroyed by fire and subsequently compensated by an insurance company does not
constitute supply as defined in section 2(33) of the Sales Tax Act, 1990. Sales tax paid on the
goods destroyed in fire is therefore not refundable or adjustable. If the amount of sales tax
involved has already been adjusted in the monthly return, it should be repaid to / recovered by
the Government. Adjustment is only allowed where inputs are used in making taxable supplies.
2. Input tax not claimed in the return:
Any input tax not deducted by a registered person within the relevant tax period may be
claimed in the return for any of the six succeeding tax periods. In this case, the six succeeding
tax periods elapsed in April 2019; UL therefore cannot adjust the amount of input tax of Rs.
32,000 from its output tax for the month of May2019.
This amount can now only be adjusted with the permission of the Commissioner Inland
Revenue u/s 66 of the Sales Tax Act, 1990.
3. Additional sales tax collected from the customer:
Any person who has collected any tax, under misapprehension of any provision of the Act or
otherwise, which is in excess of the tax actually payable and the incidence of which has been
passed on to the consumer, shall pay the amount of tax so collected to the Federal
Government.
In this case, since 70% of the stock, on which excess tax of Rs. 44,800 was collected, is still
unsold, UL should return this amount to AB Limited. However, the balance amount of Rs.
19,200, the incidence of which has been passed on to the consumers should be deposited with
the Federal Government.
Domestic Purchases:
Sales tax on services under respective
provincial laws:
Fire & theft insurance @ 13% SRA 25,000 25,000 3,250
-
Health insurance 5,000 -
Less: Admissible credit (90% of 95,200 or input tax excluding Fixed Assets
whichever is lower) (52,680)
Less: Input Tax on Fixed Assets –W-1 (40,800)
Sales Tax payable 11,880
Refund claim (input consumed in export)12,370+10,200 (W-1) 22,570
Gross Taxable
W-1: Apportionment of input tax Sales Tax
Value Value
Input tax for the month 65,100
Fixed Assets 51,000
Residual input tax TOTAL 116,100
N-1:No withholding sales tax has been deducted on banking and insurance services received
as the withholding sales tax provisions are not applicable by virtue of Rule 3 of Punjab Sales
Tax on Services (Withholding) Rules, 2015.
(b) Tax paid on stocks acquired before registration: [U/S 59]
The tax paid on goods purchased by MF, who subsequently registered with the Inland Revenue
Department, has been treated as input tax, as such goods were purchased by them from a
registered person against prescribed sales tax invoice issued during a period of thirty days
before making an application for registration and constitute their verifiable unsold stock on the
date of compulsory registration or on the date of application for registration or for voluntary
registration.
In case of goods imported by MF, the tax paid thereon during a period of ninety days before
making an application for registration has been treated as an input tax assuming MF holds the
bill of entry relating to such goods and also that these are verifiable unsold or un-consumed
stocks on the date of compulsory registration or on the date of application for registration or for
voluntary registration.
Therefore, in view of the above, input tax paid on goods purchased locally by MF in October
2018 i.e. not more than 30 days prior to application for registration and input tax paid at import
stage on goods imported in August 2018 i.e. not more than 90 days prior to application for
registration can be claimed by MF with its November 2018 return. However, he cannot claim
th
input tax on local purchases of Rs. 25,000on 10 Sep as period of 30 days has lapsed.
Notes:
N-1:Since consumer goods are consumed by end consumers, hence 3% additional sales tax shall not
be charged on sales to such non-registered persons.
N-2:Sales tax withholding is not Applicable on good specified in third schedule to the Sales Tax Act,
1990 and on supplies made by an active taxpayer as defined in the Sales Tax Act, 1990 to another
registered person with the exception of advertisement services.
N.1 Withholding tax would be charged @ 1% of the value of supply excluding sales tax. In the
absence of information, it has been assumed that the supplier of taxable goods was liable to
be registered but not actually registered. However, if they are not required to be registered
then OL shall not be required to withheld the 1% sales tax amount. U/R 2(3)(ii) of STSP
(withholding) Rules, 2007.
N.2 In the absence of sales tax invoice / advance payment receipt input tax cannot be claimed.
N.3 Supplies of goods, useable as industrial inputs, to registered or unregistered persons of the
five sectors (including textile), is charged to tax at the rate of 0%, whereas supplies to persons
not belonging to the said five sectors shall be charged to tax at the rate of 17% (SRO 491).
N.4 3% further tax is not charged in case of supply of goods to the end user/consumer.
Further possession of taxable goods held immediately before a person cease to be registered
is considered as supply. However in this case, OL has just closed down its one business
division and company itself is not going to be deregistered, hence unsold stock will not be
considered as supply.
N.5 Sales tax is levied on the amount received from the recipient of goods and not from anyone
other than the recipient. It is excluded from the definition of supply such as insurance claim.
Apparently it seems that discount allowed is not in conformity with normal business practice.
Hence full amount will be taxable.
N.7 Input for sales tax on services in Lahore may be adjusted against output tax. However, no
withholding sales tax has been deducted on banking and insurance services received as the
withholding sales tax provisions are not applicable by virtue of Rule 3 of Punjab Sales Tax on
Services (Withholding) Rules, 2015.
N.8 Issuance of cheque book service charges exempt at 98.13 exempt portion.
Notes:
N-1
Third Schedule applies only to locally manufactured goods. Hence even though items being imported
fall in category of third schedule, the principle do not apply. The principles of commercial imports
would apply. Value addition tax @ 3% shall also be paid.
rd
Squashes are third schedule item. Sales tax withholding is not applicable on 3 Schedule items.
Gross Taxable
W-1: Apportionment of input tax Sales Tax
Value Value
Residual input tax ----- Rs. in ‘000 -----
Domestic Purchases – registered suppliers 7,700 7,700 1,309.00
Import(90% rule applicable wide SRO 647(I)/2007 dated 27 June
2007) 900 900 153.00
Tissue paper used as packing material 675 675 114.75
Waste paper purchased at reduce rate of 5% 300 300 15.00
Residual input tax TOTAL 1,591.75
39 Karma Limited
Karma Limited (KL)
Computation of Net Sales Tax Liability
For the tax period November 2018
Taxable Sales Tax Amount of
SALES TAX CREDIT (INPUT TAX) Value Rate Sales Tax
Raw material from local registered suppliers 12,000,000 17% 2,040,000
Raw material from local un-registered suppliers
[3,000,000-950,000] 2,050,000 inadmissible -
Import of raw material [5,000,000 – 2,000,000] 3,000,000 17% 510,000
Import of raw material for infant use put up for retail 2,000,000 0%
sales 0
Special Tea purchased from STL[600 kg × Rs. 700] 420,000 17% 71,400
(-)Inadmissible/un-adjustable input W-1 454,357
Input Tax for the month (Accumulated credit) 2,167,043
40 Pasdar Limited
Sales tax withheld from cottage industries- Rules not applicable as not liable to be
registered -
Further tax on supplies to un-registered person in March 2018 [480,000 × 3%] 14,400
Further tax on supplies to unregistered person assuming liable to be registered 46,800
Further tax on supplies of worn clothing to un-registered persons- exempt 0
Admissible credit (lower of 1,510,200 or 90% of 1,830,845 = 1,647,761 (1,510,200)
(QFL is not registered as a service provider therefore, required to pay value addition
for in-house use)
Sales tax withheld from un-registered supplier of packing material (358,000 × 1/117) 3,060
42 Mr. Parekh
Computation of capital gain on sale of securities:
Purchases/Acquisitions Disposal
No. of
Date Price Cost** 01-5-19 07-5-19 21-5-19 31-5-19 31-5-19 31-5-19
Shares
31-3-18 1,400 20 28,000 600 800
15-9-18 700 22 15,400 700
01-4-19 900 18 16,200 400 500
31-5-19 500 23 11,500 500
Total 3,500 71,100 600 800 700 400 500 500
Selling price per share 17 19 18 26* 26* 26*
* Average rate taken for sale purchase on the same day as per Rule 13N(5)
43 Capital Gain
(i) The extinguishment of 2,000 shares in BL will be treated as tax neutral event (as there is no
change in ownership of the shareholder (Hamid) is involved) and 1,000 shares in GL will have
the same cost base i.e. Rs. 30,000 (Rs. 30 per share).Therefore, no CGT will be collected on
such transfer. If subsequently Hamid sells shares of GL, capital gain will be computed taking
into account the date of acquisition i.e. July 01, 2018.
CGT
(ii) Purchases / Acquisitions Disposal
No. of 15 April 18 May
Date Price Cost* Total
shares 2019 2019
1-Jan-19 100 40 4,000 50 50
Bonus shares issued @ 25%
1-Jan-19 (Date of entitlement 1-04-19)
(Date of credit 15-5-2019) 75 75
1-Apr-19 100 *40 4,000
15-May-19 25 *50 1,250
50 75 125
Selling price per share 40 40
Sales proceed 2,000 3,000 5,000
Less: Cost 2,000 3,250 5,250
Loss Nil (250) (250)
*As per income tax rule 13P(q) – market value on book closure will be treated as cost of bonus
shares
Bonus Shares:
Pie Limited shall not collect 5% of value of bonus shares determined on the basis of day end
price on first day of closure of booksdue to omission of tax deduction section.
Assumption: Cost of acquisition and sale proceeds are deemed to include 0.5% as incidental
expenses.
(iii) Taxable Income of Anjum No. of shares Price Amount
Net gain/ loss of the borrower
Sale of borrowed shares 5,000 105 525,000
Repurchase of shares and returned to the lender (5,000) 95 (475,000)
0.50% of sale proceeds as incidental expenses
on sale (2,625)
0.50% repurchase price being incidental
expenses on acquisition (2,375)
Financial Cost paid to the lender 2 (10,000)
Net gain (Capital gain) - 35,000
Taxable income of Nazia
(a) Financial income of Nazia (Taxable) 10,000
(b) No CGT to be collected as for Nazia, on return 'of the borrowed shares by
Anjum, the cost and date of acquisition shall remain the same as was before
lending the shares to Anjum. 0
46 Transfer of Assets
As holding > 1 year only 75% amount is taxable (assuming Unlisted Company 67,500
shares)
Where a resident individual disposes of all the assets of his business to a resident company, no
gain or loss shall be taken to arise on the disposal if the following conditions are satisfied,
namely:–
(i) The consideration received by the transferor for the disposal is a share or shares in the
company (other than redeemable shares);
(ii) The transferor must beneficially own all the issued shares in the company immediately after
the disposal;
(iii) The company must undertake to discharge any liability in respect of the assets disposed of
to the company;
(iv) Any liability in respect of the assets disposed of to the company must not exceed the
transferor‘s cost of the assets at the time of the disposal;
(v) The fair market value of the share or shares received by the transferor for the disposal must
be substantially the same as the fair market value of the assets disposed of to the company
less any liability that the company has undertaken to discharge in respect of the assets; and
(vi) The company must not be exempt from tax for the tax year in which the disposal takes
place.
According to the proposed scheme, Mr. Adnan is fulfilling almost all the conditions mentioned
above, except the following:
Mr. Adnan is required to receive the entire purchase consideration in the form of shares only
instead of 50% in the form of shares and 50% cash.
As Mr. Adnan, immediately after the disposal of his herbal business to MPL, is required to
beneficially own the entire paid up share capital of MPL, therefore, he must acquire the
ownership interest of his brother Rais who is also willing to dispose off his holding in MPL.
However, Mr. Adnan is not required to acquire the ownership interest of his spouse Razia as
he already beneficially owns her ownership interest.
As MPL is required to undertake all the liabilities in respect of the assets disposed of by
Herbal Traders, Mr. Adnan should ensure that MPL assumes all the liabilities of Herbal
Traders including the liability of Barkat Enterprises.
Accordingly, Mr. Adnan will have to make the aforesaid changes to his proposed scheme of
transfer in order to get exemption from capital gain tax.
The fair market value of the consideration, in the form of shares, received by Mr. Adnan in
relation to transfer of his herbal business must substantially be the same as the fair market
value of the net assets (i.e. assets less liabilities) transferred by him to MPL.
Rupees
16,500,000
Generally, for private limited companies, the break-up value of the shares is considered as
the FMV, this would mean that the shares to be issued to the individual must be equal to the
FMV of the net assets acquired by MPL.
Rupees
8,000,000
The Commissioner may, at any time, withdraw the approval, if he is satisfied that:
(a) The constitution, memorandum and articles of association, trust deed, rules and regulations or
bye-laws, as the case may be, specifying the aims and objects of the organization do not
provide for prohibiting the making of any changes in the constitution, memorandum and articles
of association, trust deed, rules, regulations and bye-laws without prior approval of the Regional
Commissioner;
(i) been or is being used for personal gain of any particular person or a group of persons;
(ii) been propagating the view of a particular political party or a religious sect;
(iii) been or is being managed in a manner calculated to personally benefit its members or
their families; or
(iv) not been, or will not be, able to achieve its declared aims and objects in view of its set
up, administration or otherwise as evaluated and certified by an independent certification
agency;
(v) failed to give valid reasons for setting apart, or not utilizing, or accumulating surpluses,
excluding restricted funds, in excess of twenty five per cent of the income for the year;
(vi) failed to file the return of income supported with the specified documents and also a
detailed performance evaluation report after every three years.
Provided that where such detailed performance evaluation report is not submitted on or
th
before the 30 of September following every three Tax Years, Commissioner of Income
Tax shall issue a show cause notice for withdrawal of approval to the concerned
organization as stated above;
(viii) failed to file statements of deduction of income tax under section 165 of the Income Tax
Ordinance, 2001 read with rule 44.
the names, CNIC/NTN, last income declared, tax year and addresses of the promoters,
directors, trustees, president, secretary, treasurer, manager and other office bearers, as
the case may be, of the organization and indicating clearly their family relationships, if
any, with each other.
51 Residential Status
Resident Individual:[Section 82 read with Rule 14 of the Income Tax Rules, 2002]
(i) Residential status of the following persons for the tax year ended June 30, 2019 under the
given circumstances.
For the tax year ended June 30, 2019, the relevant period is July 01, 2018 to June 30, 2019.
Therefore, the stay of Mr. Mubeen for the purpose of tax year 2019 is:
Month Days
July 2018 31
August 2018 31
September 2018 30
Total 92
Since his stay in Pakistan is less than 183 days in tax year2019, he is a non- resident for tax
purposes.
(ii) Since Mr.Rana never travelled abroad in his life before proceeding to Canada for assuming his
job responsibilities, the number of days he spent in Pakistan for the tax year 2019 is:
Month Days
July 2018 31
August 2018 31
September 2018 30
October 2018 31
November 2018 30
December 2018 29
Total 182
The day he spent in Pakistan on June 30, 2019, while in transit, would not be counted as day
of his presence in Pakistan.
Therefore, Mr. Rana is a non-resident person as his total stay in tax year 2019 is less than 183
days.
(iii) A Federal Government Employee posted abroad in terms of his employment is considered as a
resident person irrespective of his physical presence in Pakistan.
Therefore, Mr. Baber is a resident individual for tax year 2019.
((iv) In case of Mr. Francis, it is immaterial where he stayed in Pakistan. The calculation will be
made from the day of his arrival in Pakistan to the day of his departure from Pakistan.
Therefore, the total number of days he spent in Pakistan during the calendar year 2018 i.e. the
year starting from January 01, 2018 to December 31, 2018 (Special tax year 2019) is:
Month Days
July 2018 1
August 2018 31
September 2018 30
October 2018 31
November2018 30
December 2018 31
Total 154
In view of the permission granted by Commissioner Income Tax to Mr. Francis to use special
tax year, the number of days he spent in Pakistan beyond December 31, 2018 would fall under
tax year 2020. Therefore, 31 days which he spent in January 2019 would not be included in tax
year 2020.
As a result, Mr. Francis is a non- resident person as his total stay in tax year 2019 is less than
183 days.
52 Beetle Limited (BL)
(i) The Commissioner‘s contention is incorrect as the tax collected on import of plant and machinery
by an industrial undertaking for its own use is not final tax and hence it is adjustable. [Section
148(7)(a)]
(ii) Although commercial imports now covered under minimum tax regime however apportionment is
only required for those expenditures, deductions and allowances which are common in nature.
The expenditures included in cost of goods manufactured should not be apportioned unless these
include any item which can be considered as a common expenditure.
The Commissioner‘s contention with regard to cost of goods manufactured is, therefore, incorrect
unless he can prove otherwise, as discussed above.[Section 67]
(iii) Any property with respect to which the person is entitled to depreciation is not covered under the
definition of ―Capital asset‖, therefore, any gain on sale of such property would not be considered
as a capital gain. However, such gain would be treated as income from business and would be
charged to tax accordingly. The amount of gain is calculated as follows:
Rs. in million
Sale proceed of immovable property 120
Less: Tax WDV
Cost of immovable property ( consideration received) 120
Tax depreciation charged ( Rs. 90m – Rs. 70m) (20)
Tax WDV 100
Tax gain on disposal 20
Therefore, the gain of Rs. 20 million would be offered to tax as income from business instead of
Rs. 50 million as shown in the financial statements.[Section 37(5) &22(13)(b)]
(iv) Where a person has been allowed a deduction for any expenditure incurred in deriving income
from business and the person has not paid the liability or a part of the liability to which the
deduction relates within three years of the end of the tax year in which the deduction was
allowed, the unpaid amount should be chargeable to tax under the head business income in the
first tax year following the expiry of three years‘ period.
The Commissioner‘s observation is, therefore, correct that such Royalty having not been paid for
over three years should have been offered to tax in the current tax year.[Section 34(5)]
(v) Bad debt is allowed if the amount of debt was previously included in the person‘s income from
business or in respect of money lent by a financial institution in deriving income from business.
Since BL is not a financial institution, loan written off could not be allowed as Bad debt and,
therefore, the Commissioner‘s contention is correct. [Section 29]
(i) A joint venture is treated as an association of persons and is liable to tax separately from its
members.
In case a joint venture has net taxable income, tax would be calculated according to the rules and
principles applicable to the relevant head of income.
In case a joint venture incurs a loss in a tax year, the entire loss would be carried forward to the
following tax year and so on for a maximum period of six tax years.
(ii) Present in Pakistan for a period or periods not exceeding three years.
The foreign source income of such individuals shall be exempt from tax under the Ordinance.
However, the following incomes are not covered under this exemption provision:
(i) Any income derived from a business of the person established in Pakistan; or
(ii) Any foreign-source income brought into or received in Pakistan by the person.
55 Group Taxation
(d) The relief under group taxation would not be available to losses prior to the formation of the group.
(e) The option of group taxation shall be available to those group companies which comply with such
corporate governance requirements as may be specified by the Securities and Exchange
Commission of Pakistan from time to time and are designated as companies entitled to avail
group taxation.
(f) Group taxation may be regulated through rules as may be made by the Board.
No deduction shall be allowed for head office expenditure in excess of the amount as bears
to the turnover of the permanent establishment in Pakistan the same proportion as the non-
resident‗s total head office expenditure bears to its worldwide turnover.
Compensation for management services performed by the branch: [U/S 105(1)(d)(ii)]
In the determination of the income of a permanent establishment (P.E):
No account shall be taken of amounts charged by the P.E to the head office by way of
compensation for management services performed by the P.E.
However, amounts charged by the P.E towards reimbursement of actual expenses incurred
by the P.E to third parties shall be taken into account while determining the income of P.E.
58 Selection of Audit
A non-resident‘s business income is chargeable to tax if such income is a Pakistan source income.
Since JH Hospital in Boston, USA (JHH) is a non-resident company and the medical treatment provided
by it to the CEO was also outside Pakistan, US$ 30,000 cannot be attributable to any business activity
of JHH in Pakistan and therefore, US$ 30,000 paid by ML cannot be regarded as a Pakistan source
income of JHH.
As US$ 30,000 is not chargeable to tax in Pakistan, ML was not required to deduct tax as remitted in
accordance with the regulations of State Bank of Pakistan. ML was also not required to inform the
Commissioner in writing prior to making the payment, as the medical expenses were paid in
accordance with the State Bank‘s regulations.
In view of above, US$ 30,000 is a deductible expense for the tax year 2019.
Payment to non-resident and deductibility of an expense: [U/S 101(4)] Pakistan Source Income
Where the business of a non-resident person comprises the rendering of independent services
(including professional services and the services of entertainers and sports persons), the remuneration
received by such person shall be regarded as Pakistan-source business income if the remuneration is
paid by a resident person or borne by a permanent establishment in Pakistan of a non-resident person.
Since GL is a Pakistan resident company, Rs. 10 million receivable by the Indian artist would be
regarded as her Pakistan source income.
Payment for Foreign Produced Commercial S-152A
GL is also required to deduct withholding tax at 20% from such payment, as every person paying an
amount to a non-resident person is required to deduct tax from the gross amount paid at 20%.
In view of the above, GL after deducting withholding tax from the payment of Rs. 10 million can claim it
as deductible expenditure.
64 Associates
Associates: [U/S 85]
Two persons shall be associates where the relationship between the two is such that one may
reasonably be expected to act in accordance with the intentions of the other, or both persons may
reasonably be expected to act in accordance with the intentions of a third person.
The circumstances under which the following may be regarded as associates:
A member of an association of persons and the association: [U/S 85(3)(c)]
Where the member, either alone or together with an associate or associates under another
application of this section, controls fifty per cent or more of the rights to income or capital of the
association;
A shareholder in a company and the company: [U/S 85(3)(e)]
Where the shareholder, either alone or together with an associate or associates, controls either
directly or through one or more interposed persons
(i) fifty per cent or more of the voting power in the company;
(ii) fifty per cent or more of the rights to dividends; or
(iii) fifty per cent or more of the rights to capital;
Tax evasion:
It refers to all attempts to minimise a taxpayer‘s liability through illegal means. It is a punishable offence
in the eyes of law.
It arises when a taxpayer intentionally conceals the true nature of his/her tax affairs, for instance failing
to declare income on his/her tax return. For example when cash sales are concealed to reduce income
and assets.
Tax avoidance:
It refers to all attempts to minimise a taxpayer‘s liability through legal means and without violating the
tax laws.
It pertains to a situation when a taxpayer legitimately takes advantage of the deductions, concessions
and benefits provided by the tax laws in order to reduce or defer his/her tax liability. For example
operating as a small company to incur lower tax rate or availing tax credit on newly established
industrial undertaking.
Means a financial product which derives its value from the underlying security or other assets,
may be traded on a stock exchange of Pakistan and includes deliverable futures contracts, cash
settled futures contracts, contracts of rights and options and future commodity contracts traded at
PMEX.
Where capital loss realized on sale of specific security by an investor in preceded or followed in
one month‘s period by purchase of the same security by the same investor whereby the
transaction falls within one month between same two parties or their related parties where one
was seller and other was buyer and they change places becoming buyer and seller respectively,
thus, maintaining portfolio.
Where the investor having realized loss (as in the case of a wash sale) on a particular security
does not repurchase the same security but chooses another similar security in the same sector
thus not only minimizing or eliminating altogether liability on account of tax on capital gain, but
also maintaining the portfolio broadly at the same risk return profile.
Any royalty where the property or right giving rise to the royalty is effectively connected with a
permanent establishment in Pakistan of the non-resident person;
Any fee for technical services where the services giving rise to the fee are rendered through a
permanent establishment in Pakistan of the non-resident person; or
Any royalty or fee for technical services that is exempt from tax under this Ordinance.
The ‗prescribed person‘ with reference to deduction of tax from rent of immovable property
means:
A Provincial Government;
A Local Government;
A company;
Individuals or association of persons paying gross rent of rupees one and a half million and
above in a year; or
Any other person notified by the Board for the purpose of this section.
To achieve consistency in the administration of the Income Tax Ordinance and to provide
guidance to taxpayers and officers of the Board, the Board may issue circulars setting out the
Board's interpretation of the Ordinance.
A circular issued by the Board shall be binding on all Income Tax Authorities and other
persons employed in the execution of the Ordinance, under the control of the said Board
other than Commissioners of Income Tax (Appeals).
70 Profit on Debt
Period of default (from 1 July 2018) to (30 June 2019) (92days + 274 days) 366 days
Rate of default surcharge 12% pa
Amount of default surcharge
(from 01/07/2017to 30/06/2018) 6,250,000 x 12% x 366/366 = Rupees 750,000
*Profit on debt for company under NTR and tax deducted is adjustable.
Depreciable asset means any tangible movable property, immovable property (other than unimproved
land), or structural improvement to immovable property, owned by a person that
(a) has a normal useful life exceeding one year;
(b) is likely to lose value as a result of normal wear and tear, or obsolescence; and
(c) is used wholly or partly by the person in deriving income from business chargeable to tax,
but shall not include any tangible movable property, immovable property, or structural improvement to
immovable property in relation to which a deduction has been allowed under another section of this
Ordinance for the entire cost of the property or improvement in the tax year in which the property is
acquired or improvement made by the person.
Provided that where depreciable asset is jointly owned by tax payer and Islamic Financial Institution
Licensed by SBP or SECP, as the case may be, pursuant to an arrangement of Musharika financing or
Diminishing Musharika financing, the depreciable asset shall be treated to be wholly owned by the tax
payer.
Eligible depreciable asset: [U/S 23(5)]
Eligible depreciable assetmeans a depreciable asset other than:
(a) any road transport vehicle unless the vehicle is plying for hire;
(b) any furniture, including fittings;
(c) any plant or machinery that has been used previously in Pakistan; or
(d) any plant or machinery in relation to which a deduction has been allowed under another section of
the Ordinance for the entire cost of the asset in the tax year in which the asset is acquired .
76 Speculation Business
substantially the same as the fair market value of the assets disposed of to the company, as
reduced by any liability that the company has undertaken to discharge in respect of the assets;
and
the company must not be exempt from tax for the tax year in which the disposal takes place.
78 Mr. Hoshyar - Penalty
(i) Offences and penalties: [U/S 182(1)]
Where a person fails to furnish a return of income that must be submitted by him, 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 if the
penalty is less than Rs. 20,000 or no tax is payable such person shall pay a penalty of Rs.
20,000. Therefore, Mr. Hushyar will be liable for penalty as calculated below:
Tax payable Rs. 2,173,000
No. of days of default (31+27) 58
Rate of penalty for each day of default 0.1%
Amount of penalty (2,173,000 x 0.1% x 58) Rs. 126,034
82 Define Information
Definite information includes information on: [U/S 122(8)]
(i) Sales or purchases of any goods made by the taxpayer
(ii) Receipts of the taxpayer from services rendered; or
(iii) Any other receipts that may be chargeable to tax under the Ordinance; and
(iv) The acquisition, possession or disposal of any money, asset, valuable article by the tax payer;
or
(v) Investment made by the taxpayer; or
(vi) expenditure incurred by the taxpayer.
83 Pakiza Limited
(a) Computation of tax depreciation for tax year 20X7:
Plant Building Furniture
Depreciation rate 15% 10% 15%
Initial allowance 25% 15% -
-------------- Rupees --------------
Cost of asset 8,200,000 5,000,000 1,200,000
Add: Installation charges 700,000 - -
Transportation cost 200,000 - -
Insurance premium - - -
Repair cost - - -
Less: Government grant (700,000) - -
8,400,000 5,000,000 1,200,000
(b) Person who may be appointed by the Federal Government as a judicial and accountant
member of the Appellate Tribunal.
Judicial member:
(i) A person may be appointed as a judicial member of the Appellate Tribunal if the person
has exercised the powers of a District Judge and is qualified to be a Judge of the
High Court;
is or has been an advocate of a High Court and is qualified to be a Judge of the High
Court
Accountant member:
(i) he is an officer of Inland Revenue Service equivalent to the rank of Regional
Commissioner;
(ii) a Commissioner Inland Revenue or Commissioner Inland Revenue (Appeals) having at
least three year experience as Commissioner or Collector
(iii) a person who has, for a period of not less than ten years, practiced professionally as a
chartered accountant within the meaning of the Chartered Accountants Ordinance,
1961;or
(iv) a person who has, for a period of not less than ten years, practiced professionally as a
cost and management accountant within the meaning of Cost and Management
Accountants Act,1966.
(c) Date of acquisition:
(i) Acquisition of a security on account of a nomination under bequest:
The date of death of the person making such bequest, or the date of transmission by
succession or under a will by the deceased, as the case may be, whichever is earlier.
(ii) Borrowed security:
The date on which the investor purchases the security to cover his short position and to
return the security to the security lender.
86 Non-Revenue Objectives
Non-revenue objectives
(i) To strengthen anaemic enterprises by granting them tax exemptions or other conditions or
incentives for growth;
(ii) To protect local industries against foreign competition by increasing local import taxes;
(iii) As a bargaining tool in trade negotiations with other countries;
(iv) To counter the effects of inflation or depression;
(v) To reduce inequalities in the distribution of wealth;
(vi) To promote science and invention, finance educational activities or maintain and improve the
efficiency of local forces;
(vii) To implement laws which eliminate discrimination among various elements in the
markets/businesses.
(i) Returns:
Being a registered person, Mr. Furqan was required to file a nil /null return for each tax period
irrespective of the fact that he did not carry out any taxable activity after the registration.
Failure of Mr. Furqan to file a return by the due date may result in imposition of penalty.
Mr. Furqan may be liable for deregistration due to any of the following reasons:
(i) He ceases to carry on his business;
(ii) His supplies have become exempt from tax;
(iii) He transfers or sells his business;
(iv) Merger with another person; or
(v) Failure to file tax return for six consecutive months.
Every registered person who ceases to carry on his business or whose supplies become
exempt from tax, or who ceases to remain registered shall apply to the Commissioner Inland
Revenue having jurisdiction for cancellation of his registration in Form STR-3, and the
Commissioner, on such application or on its own initiative, may issue order of de-registration or
cancellation of the registration of such person from such date as may be specified, but not later
than ninety days from the date of such application or the date all the dues outstanding against
such person are deposited by him, whichever is later and such person shall cause to be de-
registered through computerized system accordingly.
The Commissioner, upon completion of any audit proceedings or inquiry which may have been
initiated consequent upon the application of the registered person for de-registration, shall
complete the proceedings or inquiry within ninety days from the date of application and direct
the applicant to discharge any outstanding liability which may have been raised therein by filing
a final return under section 28:
Provided that the person applying for de-registration shall not be de-registered unless he
provides record for the purpose of audit or inquiry.
88 Withholding agents
a) Withholding agents: [U/R 1 of Sales Tax Special Procedure (Withholding) Rules, 2007]
Following persons are specified as withholding agents for the purpose of deduction and deposit
of sales tax:
(iv) Companies as defined in the Income Tax Ordinance, 2001, which is registered for Sales
Tax, Federal Excise Duty or income tax;
(v) Recipients of services of advertisement, who are registered for sales tax.
(b) A person who has been dismissed or compulsorily retired from service;
(c) A person who is an un-discharged insolvent; and
(d) A person who has been found guilty of misconduct as defined in sales tax rules.
In case the consideration for a supply is in kind or is partly in kind and partly in money, the value of the
supply shall mean the open market price of the supply excluding the amount of tax.
Therefore, value of supply shall be Rs 2,500,000 and not the consideration received i.e. Rs 2,375,000.
However, if the sales tax invoice reflects trade discount of Rs 125,000 and discount allowed is in
conformity with the normal business practices, then the value of taxable supply will be taken at Rs
2,375,000.
Return of supply: [U/R 20 of Sales Tax Rules, 2006]
Tameer Limited (TL) would follow the following procedure:
(i) TL shall issue a Debit Note (in duplicate) in respect of Iron Bars supplied to it by Folad Limited
(FL), indicating the quantity being returned, its value determined on the basis of the value of Iron
Bars as shown in the tax invoice issued by FL and the amount of related sales tax paid thereon,
as well as the following, namely:
Name and National Tax Number of the recipient (i.e. TL);
Name and National Tax Number of the supplier (i.e. FL);
Number and date of the original sales tax invoice;
The reason of issuance of the Debit Note; and
Signature and seal of the authorized person issuing the note.
(ii) The original copy of the debit note shall be sent to FL and the duplicate copy shall be retained by
TL for record.
The tax paid on goods purchased by Ms. Hina who subsequently got voluntary registration under
the Act or the rules made thereunder, shall be treated as input tax, subject to the following
conditions:
(i) The dates were purchased from a registered person against a valid sales tax invoice.
(ii) The invoice was issued during a period of thirty days before making the application for
registration; and
(iii) Such dates constitute her verifiable unsold stock on the date of application for voluntary
registration.
(i) The tax paid on the coffee at import stage must be during a period of ninety days before
making an application for registration.
(ii) She holds the bill of entry relating to such coffee; and
(iii) The unsold or un-consumed stocks are verifiable on the date of application for voluntary
registration.
(b) In view of the above, the following amount of input tax can be claimed by Ms. Hina with her sales
tax return for the month of May 2019.
Rs.
In case of locally purchased packed dates: 41,325
(458 packets of dates purchased on March 28, 2019)
In case of imported coffee: 39,900
(42 kg of coffee imported on February 25,2019)
81,225
(iii) Stop removal of any goods from the business premises of such person till such time the amount
of tax is paid or recovered in full;
(iv) Require by a notice in writing any person to stop clearance of imported goods or manufactured
goods or attach bank accounts;
(v) Seal the business premises till such time the amount of tax is paid or recovered in full;
(vi) Attach and sell or sell without attachment any movable or immovable property of the registered
person from whom tax is due; and
(vii) Recover such amount by attachment and sale of any moveable or immovable property of the
guarantor, person, company, bank or financial institution where a guarantor or any other person,
company, bank or financial institution fails to make payment under such guarantee, bond or
instrument.
Provided that the Commissioner Inland Revenue or any officer of Inland Revenue shall not issue
notice under this section or the rules made thereunder for recovery of any tax due from a
taxpayer if the said taxpayer has filed an appeal under section 45B in respect of the order under
which the tax sought to be recovered has become payable and the appeal has not been decided
by the Commissioner (Appeals), subject to the condition that twenty-five per cent of the amount of
tax due has been paid by the taxpayer.
94 Representative of non-resident
(i) Individual under legal disability:The guardian or manager who receives or is entitled to receive
income on behalf, or for the benefit of the individual.
(ii) Association of persons: If Association of person is a firm then partner, in other cases a director
or a manager or secretary or agent or accountant or any similar officer of the association.
(iii) Federal Government: Any individual responsible for accounting for the receipt and payment of
moneys or funds on behalf of the Federal Government.
Personal liability of the representative(U/S 58B):
Under following circumstances, every representative shall be personally liable for the payment of any
tax due by him in the capacity of representative, where he
(i) Alienates, charges or disposes of any moneys received or accrued in respect of which the tax is
payable; or
(ii) Disposes of or parts with any moneys or funds belonging to the registered person that is in the
possession of the representative or which comes to the representative after the tax is payable, if
such tax could legally have been paid from or out of such moneys or funds.
(ii) Sent by registered post or courier service to the person‘s registered office or address for service
of notices under the Act, in Pakistan, or where the person does not have such office or address,
the notice is sent by registered post to any office or place of business of the person in Pakistan;
(iii) Served on the person in the manner prescribed for service of a summons under the code of Civil
Procedure, 1908; or
(iv) Sent electronically through email or to the e-folder maintained for the purpose of e-filing of Sales
Tax cum Federal Excise Returns by the limited companies, both public and private.
98 Registration
Requirement of registration: [U/S 14]
(i) Manufacturers other than those classified as cottage industry are required to be registered under
the Sales Tax Rules 2006. Cottage industries are those whose annual turnover from taxable
supplies made in any tax period during the last twelve months ending any tax period does not
exceed Rs. 10,000,000 or whose annual utility bills for the same period does not exceed Rs.
800,000. Therefore, in this case since the manufacturer is a cottage industry, it is not required to
be registered and pay any sales tax.
(ii) Since a distributor is required to be registered with Inland Revenue Department irrespective of
his turnover, therefore, in this case the distributor would register with the Inland Revenue
Department and pay sales tax of Rs. 510,000 on his turnover of Rs. 3,000,000.
(iii) Since an importer is required to be registered with Inland Revenue Department irrespective of his
turnover, therefore, in this case the importer would be required to register himself with the Inland
Revenue Department. Sales tax at import stage would be paid on the basis of import value.
However, the amount of output tax would be Rs. 2,040,000 (Rs. 12Million x 17%). In case of
commercial importer, Value Addition Tax @ 3% would also be paid.
(iv) A commercial exporter is not required to be registered with Inland Revenue Department.
However, an exporter who intends to obtain sales tax refund against his zero-rated supplies must
get registration before making an application for such refund. Therefore, in this case since the
exporter intends to claim a refund of Rs. 200,000 he must get himself registered with Inland
Revenue Department.
99 Credit Note
‗Crest‘ means the computerized program for analysing and cross-matching of sale tax returns,
also referred to as computerized Risk-based Evaluation of Sale Tax.
‗Supply chain‘ means the series of transactions between buyers and sellers from the stage of first
purchase or import to the stage of final supply.
All taxable supplies in the tax period as revealed by the records and tax invoices; and
All input tax, output tax and the net amount of sales tax payable or refundable, as the case
may be,are in accordance with the provisions of the Sales Tax Act and are duly
substantiated by the records required to be maintained for the purpose.
(i) Joint and several liability of registered persons in supply chain [U/S 8A]
Where a registered person receiving a taxable supply from another registered person is in the
knowledge or has reasonable grounds to suspect that some or all of the tax payable in respect of
that supply or any previous or subsequent supply of the goods supplied would go unpaid of which
the burden to prove shall lie on the department, such person as well as the person making the
taxable supply shall be jointly and severally liable for payment of such unpaid amount of tax;
Provided that the Board may by notification in the official gazette, exempt any transaction or
transactions from the provision of this section.
(ii) Change in the rate of tax [U/S 5]
If there is a change in the rate of tax—
Taxable supply made by a registered person shall be charged to tax at such rate as is in
force at the time of supply;
Imported goods shall be charged to tax at such rate as is in force;
In case the goods are entered for home consumption, on the date on which a goods
declaration is presented under section 79 of the Customs Act, 1969; and
In case the goods are cleared from warehouse, on the date on which a goods
declaration for clearance of such goods is presented under section 104 of the Customs
Act, 1969;
Provided that where a goods declaration is presented in advance of the arrival of the
conveyance by which the goods are imported, the tax shall be charged as is in force on the
date on which the manifest of the conveyance is delivered:
Provided further that if the tax is not paid within seven days of the presenting of the goods
declaration under section 104 of the Customs Act the tax shall be charged at the rate as is
in force on the date on which tax is actually paid.
(vii) Any allowance forming part of the emoluments of .any servant of the Government or local
authority which the Federal Government or Provincial Government may, by notification in the
official Gazette, declare to be exempt from attachment, and any subsistence grant or allowance
made to any such servant while under suspension;
(viii) Any expectancy of succession by survivor-ship or other merely contingent or possible right or
interest; and
(ix) A right to future maintenance.
Following are the types of disputes in relation to which a registered person may apply to the Board for
the appointment of a committee for the resolution of a dispute which is under litigation in any Court of
Law or an Appellate authority.
(i) The liability of tax against the registered person, or admissibility of refunds, as the case may be;
The Board may, after examination of the application of a registered person, appoint a committee within
sixtydays of receipt of such application in the Board.
The committee appointed by the Board for the resolution of dispute would consist of the following:
(i) An officer of Inland Revenue not below the rank of a Commissioner and
(ii) a person to be nominated by the taxpayer from a panel notified by the Board comprising,-
a) senior chartered accountants and senior advocates having experience in the field of taxation;
and
b) reputable businessmen as nominated by Chambers of Commerce and Industry: Provided that
the taxpayer shall not nominate a Chartered Accountant or an advocate if the said Chartered
Accountant or the advocate is or has been an auditor or an authorized representative of the
taxpayer; and
(iii) a retired Judge not below the rank of District and Sessions Judge, to be nominated through
consensus by the members appointed under clauses (i) and (ii).
108 Registration of Retailers-I [Section 2(43A) read with Rule 4 of Sales Tax Special
Procedure Rules, 2007]
Retailers falling in any of the following categories shall be required to be registered as a retailer under
the Sales Tax Act 1990:-
(a) A retailer operating as a unit of a national or international chain of stores;
(b) a retailer operating in an air-conditioned shopping mall, plaza or centre, excluding kiosks;
(c) A retailer whose cumulative electricity bill during the immediately preceding twelve consecutive
months exceeds rupees six hundred thousand; and
(d) A wholesaler-cum-retailer, engaged in bulk import and supply of consumer goods on wholesale
basis to the retailers as well as on retail basis to the general body of the consumers:
Provided that the above provisions shall remain applicable to retailers who do not obtain registration:
Provided further that the retailers operating as a unit of a franchise or any other arrangement of a
national or multinational chain of stores, shall obtain a separate registration as distinct from their
principal.
109 Registration of Retailers-II [Section 3(9)read with Rule-6 of Sales Tax Special Procedure
Rules, 2007]
Retailers not falling in the categories specified above, shall be charged sales tax through their
electricity bills by the persons making supplies of electric power, at the rates specified, in the manner
as specified hereunder, which shall be in addition to the standard sales tax and further sales tax
charged on supply of electricity.
Monthly Bill up to Rs. 20,000 5%
Monthly Bill exceeds Rs. 20,000 7.5%
c) i) Activities which are regarded to be excluded from the ambit of ‘Economic activity’:
An economic activity does not include:
the activities of an employee providing services in that capacity to an employer; or
a private recreational pursuit or hobby of an individual.
ii) Person:
Person means:
an individual;
a company;
an association of persons;
Federal Government;
a provincial Government;
a local authority or local government; or
a foreign government, a political subdivision of a foreign government, or a public
international organization.
(i) Sixty days, one hundred and twenty days, Additional Commissioner Inland Revenue, Board,
nine months. [Section 10(3)]
(ii) a taxable supply, the first charge on the assets, transferee of business. [Section 49)1]
(iii) 500,000 × 1÷117 = 4,274 [Rule 2(3)(ii) of STSPR, 2007]
Tier-1 retailers: [Rule 4 Chapter II of Sales Tax Special Procedure Rules, 2007]
(i) A retailer operating as a unit of national or international chain of stores;
(ii) A retailer operating in an air-conditioned shopping mall, plaza or centre, excluding kiosks;
(iii) A retailer whose cumulative electricity bill during the immediately preceding twelve consecutive
months exceeds Rupees six hundred thousand; and
(iv) A wholesaler-cum-retailer, engaged in bulk import and supply of consumer goods on wholesale
basis to the retailers as well as on retail basis to the general body of the consumers;
Payment of sales tax by Tier-1 retailers:
The provisions relating to payment of sales tax by Tier-1 retailer are as follows:
Tier-1 retailer shall pay sales tax at the rate of seventeen percent
the retailers making supplies of finished goods of the five sectorsspecified in Notification issued
by the Board in this regard, shall pay sales tax in respect of such supplies at the rates
prescribed in the said Notification:
Tier-1 retailers, in lieu of net tax payable at the applicable rate,shall have an option to pay sales
tax under the turnover regime at the rate of two percent of their total turnover,including turnover
relating to exempt supplies, without adjustment of any input tax whatsoever:
retailers opting to pay sales tax on the basis of total turnover shall file an option to the Chief
Commissioner of Regional Tax Office or Large Taxpayers Unit having jurisdictionby fifteenth day
of Julyopting to pay sales tax on the basis of turnover and such an option shall remain in force
for the whole financial year.
(i) Persons not entitled to represent a taxpayer before the Appellate Tribunal:
[Rule 60 of Sales Tax Rules, 2006]
The following persons shall not be entitled to represent a taxpayer before the Appellate Tribunal,
namely:–
any person who has been convicted as a result of any criminal proceedings under any law
for the time being in force in Pakistan;
a person who has been dismissed or compulsorily retired from service;
a person who is an undischarged insolvent; and
a person who has been found guilty of misconduct as defined inclause (xxxi) of sub-rule (1)
of rule 2.
(ii) Cancelation of registration:[Rule 150K of Sales Tax Rules, 2006]
Where the Board is satisfied that any user authorized to use the computerized system has:-
failed to comply with any of the conditions prescribed by the Board; or
acted in contravention of any of the provisions of the Act or Chapter XII; or
Failed to take adequate measures for security and confidentiality of the unique user
identifier; or
been convicted in an offence under this Act or any other law for the time being in force; the
Board may cancel the authorization of that user after affording him an opportunity of being
heard.
In the light of the provisions of Federal Excise Act, 2005, fill in the following blanks with the appropriate
answers.
(i) Every person who for any reason whatever has collected any duty in excess of the duty actually
payable and the incidence of which has been passed on to the consumer, shall pay the amount
so collected to the Federal Government.[Section 11]
(ii) ―Non-tariff area‖ means Azad Jammu and Kashmir, Northern Areas and such other territories or
areas to which the Federal Excise Act does not apply.[Section 2(17)]
(iii) ―Establishment‖ includes an undertaking, firm or company, whether incorporated or not, an
association of persons and an individual.[Section 2(10)]
(iv) ―Distributor‖ means a person appointed by a manufacturer in or for a specified area to purchase
goods from him for sale to a wholesale dealer in that area.[Section 2(8)]
119 Records
Includes all non-interest based services provided or rendered by the banking companies or non-
banking financial institutions against a consideration in the form of a fee or commission or
charges.
(ii) Franchiser: [U/R 2(mb)]
Means any person who enters into franchise and includes any associate of franchiser to enter into
franchise on his behalf, and the term ‗franchisee‘ shall be construed accordingly.
Every person who for any reason whatever has collected or collects any duty, which is not
payable as duty or which is in excess of the duty actually payable and the incidence of which has
been passed on to the consumer, shall pay the amount so collected to the Federal Government
and all the provisions of Federal Excise Act or rules made there under shall apply for the
recovery of such amount and claim for the refund of any such amount paid or recovered shall not
be admissible on any ground whatever.
Where any services are liable to duty under Federal Excise Act at a rate dependent on the
charges therefore, the duty shall be paid on total amount of charges for the services including the
ancillary facilities or utilities, if any, irrespective whether such services have been rendered or
provided on payment of charge or free of charge or on any concessional basis.
(ii) In case of goods imported into Pakistan, of the person importing such goods;
(iii) In case of services provided or rendered in Pakistan, of the person providing or rendering such
service, provided where services are rendered by the person out of Pakistan, the recipient of
such service in Pakistan shall be liable to pay duty; and
(iv) In case of goods produced or manufactured in non-tariff areas and brought to tariff areas for sale
or consumption therein, of the person bringing or causing to bring such goods to tariff areas.
Where any business enterprise is discontinued and any amount of duty chargeable on the business
enterprise, whether before, or in the course of, or after its liquidation cannot be recovered from the
business enterprise, every person who was an owner of, or partner in, or director of, the business
enterprise shall, jointly and severally with such persons, be liable for the payment of such duty.
In the case of sale or transfer of ownership of a business or part thereof involving any charge of duty to
another person as an ongoing concern, the chargeable duty shall be paid by the person to whom
ownership is transferred provided that if any amount of duty payable by such person remains unpaid,
such unpaid amount of duty shall be the first charge on the assets of the business and shall be payable
by transferee of business:
Provided that no business enterprise or a part thereof shall be transferred unless the outstanding duty
is paid and a no objection certificate in this behalf is obtained from the Commissioner concerned.
Evaded duty; or
he may, after confirming the facts and veracity of the information and giving opportunity to such
person to clarify his position, suspend his registration.
Any person who, whether or not he carries out any process of manufacture himself or
through his employees or any other person, gets any process of manufacture carried out on
his behalf by any person who is not in his employment.
Provided that any person so dealing in goods shall be deemed to have manufactured
for all purposes of this Federal Excise Duty Act, such goods in which he deals in any
capacity whatever;
(ii) Sales tax mode: [U/S 2(21a)]
Sales tax mode means the manner of collection and payment under the Sales Tax Act, 1990, and
rules made thereunder, of the duties of excise chargeable under the Federal Excise Act specified
to be collected and paid as if such duties were tax chargeable under section 3 of the Sales Tax
Act and all the provisions of the Sales Tax Act and rules, notifications, orders and instructions
made or issued thereunder shall, mutatis mutandis, apply to the excise duty so chargeable.
In case a person, whose registration has been suspended subsequently approaches the Collector for
withdrawing the order for suspension of registration, the Collector may, after conducting such inquiry as
he may deem fit, including consultation with the concerned trade association or body, withdraw such
order subject to his satisfaction that such person has not issued false invoices, or evaded duty or has
committed any offence or irregularity to evade duty or avoid his obligation under the Federal Excise
Duty Act or rules.
If at any time it is established that a person was not liable to registration but was wrongly registered
under this rule due to inadvertence, error or misconstruction, the CRO shall cancel his registration. In
case of such cancellation of registration, such person shall not be liable to pay any duty, default
surcharge or penalty under the Act or rules made thereunder, subject to the conditions, limitations and
restrictions prescribed under section 11 of the Act.
In case of the failure of a registered person to file a tax return for six consecutive months, the
Commissioner, without prejudice to any action that may be taken under any other provision of the
Sales Tax Act, after issuing a notice in writing and after giving an opportunity of being heard to such
person shall issue order of de-registration of such person and the computerized system shall be
caused to de-register the person accordingly.