Sales Tax on Services (Case Laws)

Sales Tax on Services (Case Laws)

Court Year Petitioner Law/Section Topic Case Law Citation/Ref. View
Punjab Revenue Appellate Tribunal 2022 M/S SHAKARGANJ FOODS PRODUCT (PVT.) LTD.
VS
COMMISSIONER PRA, FAISALABAD
Punjab Sales Tax on Services Act (XLII of 2012) 14, 32, 60 Pecuniary Jurisdiction

Appellant assailed order passed by Commissioner on the ground that show cause notice was issued by Additional Commissioner but the order was passed by Read More...


2022 PTD 320
Punjab Revenue Appellate Tribunal 2022 M/S SHAKARGANJ FOODS PRODUCT (PVT.) LTD.
VS
COMMISSIONER PRA, FAISALABAD
Punjab Sales Tax on Services Act (XLII of 2012) 14, 32, 60 Appellant Assailed Order

Special procedure and tax withholding provisions---Retention and production of records and documents---Scope---Appellant assailed order passed Read More...


2022 PTD 320
Appellate Tribunal Inland Revenue 2021 MESSRS SAMAMA STAR CONSTRUCTION CO., ISLAMABAD
VS
THE COMMISSIONER INLAND REVENUE, RTO, ISLAMABAD
Islamabad Capital Territory (Tax on Services) Ordinance 2001 S.3-Sales Tax Act 1990 Ss. 2(35) & 14 Sales Tax Rules, 2006, R.6 Taxable activity-Compulsory Registration

Taxable activity-Compulsory Registration-Scope---Appellant assailed order passed by Commissioner Inland Revenue whereby it was compulsorily registered---Validity- Appellant had purchased land/immovable property in the name of the registered partnership firm for use Read More...


2021 PTD 89
Punjab Revenue Appellate Tribunal 2021 MESSRS IZHAR CONSTRUCTION (PVT.) LIMITED
VS
COMMISSIONER (APPEALS) PRA, LAHORE
Punjab Sales Tax on Services Act, 2012 24, 57 Non-production of documents

Obligation to produce documents and provide information--Non-production of documents---Effect- Show-cause notice was issued to the appellant for providing construction services to Civil Aviation Authority under a contract- Despite Read More...


2021 PTD 270
Punjab Revenue Appellate Tribunal 2021 M/S MILLENIUM FRANCHISES
VS
COMMISSIONER (APPEALS) PRA, LHR
Punjab Sales Tax on Services Act (XLII of 2012) Ss. 24 & 2(43) Tax fraud

Show-cause notice issued to the appellant alleged that it being franchisee was required to declare its true sales but such information was concealed which act was "tax fraud"--Additional Commissioner held the appellant liable for evasion of sales tax---Appeal Read More...


2021 PTD 329
Punjab Revenue Appellate Tribunal 2021 M/S MILLENIUM FRANCHISES
VS
COMMISSIONER (APPEALS) PRA, LHR
Punjab Sales Tax on Services Act 2012 Ss. 24 & 2(43) Scope of tax and allied matters

Assessment of tax, tax fraud, taxable service, scope of tax and allied matters, time manner and mode of payment, return---Non-mentioning of relevant provisions of law (subsections) in the show-cause notice---Effect----Show-cause notice issued to the appellant Read More...


2021 PTD 329
Punjab Revenue Appellate Tribunal 2021 FRIGZ FOODS SIALKOT CANTT
VS
COMMISSIONER (APPEALS) PRA, LAHORE
Punjab Sales Tax on Services Act, 2012 Ss. 24, 63 & 65 & Punjab Sales Tax on Services (Adjudication and Appeals) Rules, 2012, Rr. 9 & 16 Decision in appeal/ Examination of records, evidences

Assessment of tax-Appeal to Commissioner (Appeals)-Decision in appeal-Examination of records, evidences-Duty of Commissioner (Appeals)-Scope-Show-cause notice issued to the appellant alleged that it being franchisee had deposited certain amounts in the Bank account Read More...


2021 PTD 443
Punjab Revenue Appellate Tribunal 2021 FRIGZ FOODS SIALKOT CANTT
VS
COMMISSIONER (APPEALS) PRA, LAHORE
Punjab Revenue Authority Act (XLIII of 2012) Ss. 3, 5 & 36 Powers and functions of validation

Punjab Revenue Authority, powers and functions of Validation--Scope-Show---cause notice issued to the appellant alleged that it being franchisee had deposited certain amounts in the Bank account of the franchiser on account of royalty and advertisement, Read More...


2021 PTD 443
Sindh High Court 2021 FATIMA FERTILIZER COMPANY LIMITED THROUGH DULY AUTHORIZED OFFICER
VS
COMMISSIONER-II, SINDH REVENUE BOARD
Sales Tax on Services Act 2011 S. 9, 13(3), 2(63) & 63. Sindh Finance Act 2019, S. 60(i) Sales tax on services/ Person liable to pay tax special provisions

Sales tax on services --Person liable to pay tax Special provisions and tax withholding provisions Person withholding tax to be considered "person liable to pay tax" Retrospective effect of S.13(3) of Sindh Sales Tax on Services Act, 2011 Scope- Question before High Read More...


2021 PTD 484
| (2021) 123 TAX 122
Sindh High Court 2021 FATIMA FERTILIZER COMPANY LIMITED THROUGH DULY AUTHORIZED OFFICER
VS
COMMISSIONER-II, SINDH REVENUE BOARD
Interpretation of statutes Effect of amendment in fiscal statute

Fiscal statute-Construction of -- Effect of amendment in fiscal statute Principles - Interpretation of fiscal statute had to be made strictly and any doubts arising therefrom must be resolved in favour of Amendments introduced in taxpayer and even if two reasonable Read More...


2021 PTD 484
| (2021) 123 TAX 122
Punjab Revenue Appellate Tribunal 2021 M/S ZARAI TARAQIATI BANK LIMITED (ZTBL)
VS
COMMISSIONER HQ (PRA) LAHORE
Punjab Sales Tax on Services Act 2012 Ss. 14 & 19 Joint and several liabilities of registered persons

Special procedure and tax withholding provisions---Joint and several liabilities of registered persons where tax unpaid---Scope---Appellant assailed the order passed by Commissioner whereby it was taxed---Validity---Commissioner was bound to have passed a goods Read More...


2021 PTD 986
Punjab Revenue Appellate Tribunal 2021 M/S ZARAI TARAQIATI BANK LIMITED (ZTBL)
VS
COMMISSIONER HQ (PRA) LAHORE
Punjab Sales Tax on Services Act 2012 Ss. 14 & 19 Appeal to the Appellate Tribunal/ Limitation

Limitation---Condonation of delay---Scope---Appellant sought condonation of delay in filing appeal---Validity---Nowhere in the impugned order it was mentioned or directed that the copy of the said order be transmitted to the appellant---Neither the copy of the Read More...


2021 PTD 986
Sindh Revenue Board Appellate Tribunal 2020 M/s JSN TRADERS, HYDERABAD
VS
ASSISTANT COMMISSIONER, SRB, KARACHI
Sindh Sales Tax on Services Act (II of 2011) 3, 4, 24B Distribution Services

Words "Distributor, Sale, Supply Chain and Taxable Supply have not been defined in the Sindh Sales Tax on Services Act, 2011. Whereas all these words are Read More...


2020 PTD 54
Sindh Revenue Board Appellate Tribunal 2020 M/s JSN TRADERS, HYDERABAD
VS
ASSISTANT COMMISSIONER, SRB, KARACHI
Sindh Sales Tax on Services Act (II of 2011) 3, 4, 24B SUPPLY CHAIN MANAGEMENT

11. Now, for the purpose of understanding the meaning of the tariff heading 9845.0000 "supply chain management or distribution (including deliver) services" of Read More...


2020 PTD 54
Sindh High Court 2020 MESSRS SYSTECH ENGINEERING SOLUTIONS (PVT.) LIMITED
VS
ASSISTANT COMMISSIONER SRB AND ANOTHER
Sindh Sales Tax on Services Act (II of 2011) 43, 59(5) Penalty

This Tribunal in its various Orders relying upon the various pronouncements of Superior Courts, held that penalty cannot be imposed without Read More...


2020 PTD 156
Sindh High Court 2020 MESSRS SYSTECH ENGINEERING SOLUTIONS (PVT.) LIMITED
VS
ASSISTANT COMMISSIONER SRB AND ANOTHER
Sindh Sales Tax on Services Act (II of 2011) 43, 59(5) Penalty for Non-filing of Monthly Returns

It is noted that in this case, the default of non-filing of monthly returns pertains to 13 returns for the months of December 2014 to February Read More...


2020 PTD 156
Sindh High Court 2019 WATEEN TELECOM LTD. THROUGH AUTHORIZED ATTORNEY
VS
SINDH THROUGH THE SECRETARY OF MINISTRY OF FINANCE GOVERNMENT OF SINDH, KARACHI AND 2 OTHERS
Sindh Sales Tax on Services Act 2011 S. 28 Civil Procedure Code 1908 O. XXXIX Rr. 1 & 2 Conduct of Audit proceedings

Conduct of Audit proceedings under S. 28 of the Sindh Sales Tax On Services Act, 2011---Application for grant of interim injunction- Scope---Exercise of discretion of Deputy Commissioner to make selection of taxpayer for audit-Reasons for such selection to be Read More...


2019 PTD 1030
(2019)120 TAX 244
Sindh High Court 2019 WATEEN TELECOM LTD. THROUGH AUTHORIZED ATTORNEY
VS
SINDH THROUGH THE SECRETARY OF MINISTRY OF FINANCE GOVERNMENT OF SINDH, KARACHI AND 2 OTHERS
Sindh Sales Tax on Services Act 2011 S. 28 Civil Procedure Code 1908 O. XXXIX Rr. 1 & 2 Public Functionary/ Exercise of statutory powers

Exercise of statutory powers by public functionaries---Exercise of discretion by public functionaries/public bodies---Scope---Law recognized no such thing as unfettered discretion and all discretionary powers, especially those conferred by statute, must be exercised Read More...


2019 PTD 1030
(2019)120 TAX 244
Sindh High Court 2018 SINDH REVENUE BOARD
VS
M/S MEESSAM CONSTRUCTION COMPANY
Sindh Sales Tax on Services Act 2011 S.61 Appeal/Limitation/ defaulting party could not be rewarded for its default

Appeal by Sindh Revenue Board----Government departments/functionaries---Statutory periods for filing of appeal---Scope----Government departments could not be extended different treatment in respect of legal provisions---Procedure provided Read More...


2018 PTD 1827
Sindh High Court 2018 M/S. INDEPENDENT MEDIA CORPORATION (PVT.) LTD., THROUGH DIRECTOR FINANCE
VS
PROVINCE OF SINDH THROUGH CHIEF SECRETARY SINDH AND OTHERS
Interpretation of statute Delegated legislation

Delegated legislation----Tax could not be levied automatically through a delegated legislation until and unless it was leviable under the charging provision of the fiscal Read More...


2018 PTD 1869
Sindh High Court 2018 M/S. INDEPENDENT MEDIA CORPORATION (PVT.) LTD., THROUGH DIRECTOR FINANCE
VS
PROVINCE OF SINDH THROUGH CHIEF SECRETARY SINDH AND OTHERS
Sindh Sales Tax Ordinance 2000 S.3 & Sched., Item No.2 Television channels/Sales tax on advertisements

Short payment of sales tax---Recovery of short paid amount along with default surcharge and penalty---Dispute between the petitioner (company owning certain television channels) and the tax department was over the issue of payment of Read More...


2018 PTD 1869
Sindh High Court 2018 M/S. INDEPENDENT MEDIA CORPORATION (PVT.) LTD., THROUGH DIRECTOR FINANCE
VS
PROVINCE OF SINDH THROUGH CHIEF SECRETARY SINDH AND OTHERS
Interpretation of statutes Rules made in furtherance of fiscal statute

 Words and expressions in a given law were to be assigned simple, plain and easily deductible meaning for the purpose of understanding their scope and object.
Fiscal statute----Rules made in furtherance of fiscal statute----Where Read More...


2018 PTD 1869
Sindh High Court 2018 M/S. INDEPENDENT MEDIA CORPORATION (PVT.) LTD., THROUGH DIRECTOR FINANCE
VS
PROVINCE OF SINDH THROUGH CHIEF SECRETARY SINDH AND OTHERS
Sales Tax Act 1990 S. 3 Sales tax was an indirect tax, burden of which was to be borne by the end consumer

Sales tax was an indirect tax, burden of which was to be borne by the end consumer---After such burden had been passed on to the end user and the amount was so collected, it became duty of the vendor to pass on the same to the government Read More...


2018 PTD 1869
Lahore High Court 2018 M/s DH Travels
VS
COMMISSIONER ENFORCEMENT & OTHERS
Punjab Sales Tax on Services Act 2012 S.52 Civil Procedure Code 1908 S. 11 Recovery of tax not levied or short-levied/Res judicata/Second Notice & Order

The doctrine was applicable to proceedings under S.52 of the Punjab Sales Tax on Services Act, 2012.

Read More...


2018 PTD 657
(2018)118 TAX 316
Lahore High Court 2018 M/s DH Travels
VS
COMMISSIONER ENFORCEMENT & OTHERS
Punjab Sales Tax on Services Act 2012 S.52 Civil Procedure Code 1908 S. 11 Recovery of tax not levied or short-levied/Res judicata/Second Notice & Order

The doctrine was applicable to proceedings under S.52 of the Punjab Sales Tax on Services Act, 2012.
Proceedings under S. 52 of the Punjab Sales Tax on Services Act, 2012.
Petitioner-taxpayer was issued a show cause notice (“the first notice”) Read More...


2018 PTD 657
(2018)118 TAX 316
Sindh High Court 2018 KARACHI INTERNATIONAL CONTAINER TERMINAL THROUGH DULY AUTHORIZED ATTORNEY
VS
SINDH THROUGH SECRETARY, MINISTRY OF FINANCE GOVERNMENT OF SINDH, KARACHI AND 3 OTHERS
Sindh Sales Tax on Services Act 2011 Ss. 47-A & 52 Sales Tax Act 1990 S.11-A attachment of Bank accounts/ Notice of recovery

Petitioner company was aggrieved of notice issued by authorities and attachment of its Bank accounts.
Both Provisions of S.11-A of Sales Tax Act, 1990 and S.47-A of Sindh Sales Tax on Services Act, 2011, were identical in nature and effect and tax authorities Read More...


2018 PTD 936
2018 PTCL 823
Sindh Revenue Board Appellate Tribunal 2018 ASSISTANT COMMISSIONER, SRB
VS
M/S. ELIXIR SECURITIES PAKISTAN (PVT.) LIMITED
Sindh Sales Tax Ordinance 2000 Ss. 23, 43 & 76(1) Correction of clerical and arithmetical errors

Registered person, was as a stock broker rendering, management services and advisory consultancy services---Receipts from various services declared in the final statement, on the basis of which Assistant Commissioner, issued a show-cause notice, confronting the Read More...


2018 PTD 1068
Sindh High Court 2018 ASSOCIATION OF BUILDING & DEVELOPER OF PAKISTAN
VS
PROVINCE OF SINDH & OTHERS
Interpretation of statutes Charging provision

Interpretation of a charging provision in a fiscal statute, favourable to taxpayer is to be Read More...


2018 PTD 1487
Sindh High Court 2018 ASSOCIATION OF BUILDING & DEVELOPER OF PAKISTAN
VS
PROVINCE OF SINDH & OTHERS
Sindh Sales Tax on Services Act 2011 S.2 (79)(96), 3(c)(d) Second Sched., Heading No. 9807.0000, 9814.3000 & 9824.0000 Transfer of Property Act 1882 S.54 Constitution of Pakistan, Art. 199 Tax on services/ Construction industry

Petitioners were related to construction industry in one way or the other and they were aggrieved of notices issued by authorities for recovery of tax under Tariff Heading Nos. 9807.0000, 9814.3000 & 9824.000 of Second Schedule, Sindh Sales Tax on Services Act, Read More...


2018 PTD 1487