Committee Constituted for Alleviation of Hardship in Specific Cases

GOVERNMENT OF PAKISTAN REVENUE DIVISION CENTRAL BOARD OF REVENUE (SALES TAX WING) ***** Islamabad, the 14th April, 2003 NOTIFICATION (SALES TAX) S. R. O. 344 (I)/2003.- WHEREAS, the Committee constituted by the Federal Government for alleviation of hardship in specific cases recommended the following in the case of M/s. Agha’s Supermarket (ASM), 1, Uzma Court, D.C.3, Block 8, Clifton, Karachi, namely: - (a) they may be encouraged to withdraw their suit against the department from the Sindh High Court; (b) turnover related to non-taxable supplies may be ascertained and deducted; (c) their taxable turnover for the period July, 1998 to December, 1999 (the period for which show cause notice was issued) may be determined correctly by an expert appointed through mutual consultation and their tax liability may accordingly be firmed up; (d) for the purposes of determining their tax liability the applicants may be allowed to claim input tax credit on supplies received by them during the relevant period; (e) additional tax and penalty imposed on M/s. Agha’s Supermarket (ASM), 1, Uzma Court, D.C.3, Block 8, Clifton, Karachi may be waived off under section 34A of the Sales Tax Act, 1990; and (f) if M/s. Agha’s Supermarket (ASM), 1, Uzma Court, D.C.3, Block 8, Clifton, Karachi is agreeable, their liability for the period January, 2000 to July, 2000 may also be determined in the recommended manner; and in terms of the above mentioned recommendations, chartered firm M/s. Ford Rhodes Sidat Hyder and Company was appointed by the Collector of Sales Tax and Central Excise (Adjudication-III), Karachi, in consultation with the department and M/s. Agha’s Supermarket (ASM), 1, Uzma Court, D.C.3, Block 8, Clifton, Karachi. The Collector of Sales Tax and Central Excise (Adjudication-III), Karachi decided the case on the basis of the report of the experts vide Order-in-Original No. 25/2003, dated 8th March, 2003 and adjudged Rs. 6,39,162 as principal amount of sales tax recoverable from M/s. Agha’s Supermarket (ASM), 1, Uzma Court, D.C.3, Block 8, Clifton, Karachi. The adjudged principal amount has been paid by them. NOW, THEREFORE, in exercise of the powers conferred by section 34A of the Sales Tax Act, 1990, the Central Board of Revenue is pleased to exempt, as a special case, amount of additional tax and penalty leviable on the principal amount of sales tax Rs. 6,39,162 adjudged, vide Order-in-Original No. 25/2003, dated 8th March, 2003 passed by the Collector of Sales Tax and Central Excise (Adjudication-III), Karachi, as recommended by the Committee. [C.No. 1(130)STT/2000] ( Manzoor Hussain Memon) Secretary (STT)