The Repayment of Sales Tax to Persons Registered in Azad Jammu and Kashmir Rules, 2008.

GOVERNMENT OF PAKISTAN REVENUE DIVISION FEDERAL BOARD OF REVENUE **** Islamabad the 24th December, 2008 NOTIFICATION (Sales Tax) S.R.O. 1295(1)/2008.─ In exercise of the powers conferred by sections 50 and 61A of the Sales Tax Act, 1990 the Federal Board of Revenue is pleased to make the following rules, namely:- THE REPAYMENT OF SALES TAX TO PERSONS REGISTERED IN AZAD JAMMU AND KASHMIR RULES, 2008 1. Short title, application and commencement.- These Rules may be called the Repayment of Sales Tax to Persons Registered in Azad Jammu and Kashmir Rules, 2008 (2) The shall be applicable to such persons or class of persons who are registered under the Sales Tax Act, 1990, as adapted in Azad Jammu and Kashmir, hereinafter referred to as AJK registered persons, for the purpose of repayment of sales tax as envisaged in section 61A of the Sales Tax A ct, 1990. (3) They shall come into force at once. 2. Authorization for repayment of sales tax.- The AJK registered persons shall be entitled to receive repayment of input tax paid on any goods acquired in or imported into Pakistan as in excess of output tax declared in their respective monthly returns, provided such input tax relates to their supplies which are either zero-rated or are exported outside Pakistan against a Pakistan Customs Goods Declaration.

3. Manner of Payment.- (1) The AJK registered persons shall claim refund of excess input tax in their monthly sales tax returns. Such refund claim may include input sales tax paid in Azad Jammu and Kashmir. (2) The officer authorized by Collector, Sales Tax and Federal Excise, Mirpur, Azad Jammu and Kashmir, hereinafter referred to as AJK Collector, shall process such refund claims and determine the amount which is admissible as repayment under rule.2. (3) Such officer shall prepare a list of invoices and import Goods Declarations, originating from Pakistan, for which input tax has been claimed. He shall also determined the amount of repayment in respect of each claimant. The repayment so determined shall not exceed the excess of input tax over output tax as declared by that claimant in the relevant tax period. (4) The total amount of repayment for all claimants so determined for each tax period shall be forwarded by the AJK Collector to the Collector, Regional Tax Office, Islamabad, through AJK Council, in the format as prescribed in the form STAJK-1. The Federal Board of Revenue may require that such information be send to electronically in the manner prescribed by the Board. (5) On receipt of STAJK-1 form in RTO, Islamabad, the officer authorized by the Collector, RTO, shall carry out electronic verification of the invoices and the Goods Declarations, and determine the amount payable against documents so verified: Provided that where electronic verification is not possible, the Collector, RTO, may authorize manual verification from concerned Collector of Sales Tax or Customs, as the case may be.

(6) The authorized officer, not below the rank of Assistant Collector, shall issue the Repayment Order for the verified amount, within thirty days of receipt of the form STAJK-1 in the RTO, in the format as prescribed in STAJK-2, provided that more than one Repayment Order may b e issued in respect of a single tax period if the verification is not completed within the specified period of thirty days. (7) The Repayment Order, issued by the authorized officer shall be forwarded in original as well as electronically to the Treasury Officer for issuance of cheque in favour of AJK Collector. The treasury officer shall make the repayment through a crossed cheque, which shall also be countersigned by an authorized co-signatory. A copy of Repayment Order, along with a list of verified documents, shall also be sent to the AJK Collector. (8) The Additional Collector shall reconcile the repayment cheques issued by the treasury officer of the Collectorate during a month with the bank scrolls received from State Bank of Pakistan and record the outcome of such reconciliation in the system. (9) Where any cheque is returned back by the State Bank of Pakistan due to any reason, the treasury officer shall cancel such cheque, if required, and attach such cancelled cheque with the respective counter-foil of the cheque- book. (10) On receipt of the cheque and the list of verified documents, the AJK Collector shall cause the disbursement to be made to the original claimants in accordance with the said list. (11) The Collector, RTO, shall forward a statement to FBR foe every month by the 10th of next month in the form STAJK-3