Khilji Co Tax Memorandum 2017 18
Khilji Co Tax Memorandum 2017 18
Khilji Co Tax Memorandum 2017 18
TAX MEMORANDUM
2017
Plot 2,2017-18
FEDERAL BUDGET Mezzanine Floor, Khumrail Plaza, I&T Center Street 22, Sector G-8/4, Islamabad.
Tel: +92 51 2253303-6, Fax +92 51 2253307, Email:0sharif.khilji@khilji.net.pk, Website:www.khilji.net.pk
KHILJI AND CO TAX MEMORANDUM 2017
Chartered Accountants
TAX MEMORANDUM
FINANCE BILL 2017-18
Khilji & Co (Chartered Accountants) is pleased to present this tax memorandum, which is
primarily aimed to help in understanding the impact of the Budget changes that are brought by
the Finance Bill 2017-18 relating to Income Tax, Sales Tax Laws, Federal Excise Duty and
Customs Duty. This memorandum gives a brief overview of Pakistan economy and significant
amendments proposed by the Finance Bill 2017. All changes proposed through the Finance Bill
2017 are effective July 1, 2017. It is suggested that in order to understand the precise effect of a
particular amendment, reference should preferably be made to the relevant wordings of the Act
when passed. The bill was presented in the Parliament of Pakistan on May 26, 2017.
Amendments and reshufflings are possible before its approval from National Assembly. It is
suggested that changes should not generally be acted upon without first obtaining appropriate
professional advice.
This document has been prepared according to the guide lines of the Finance Bill as announced by the Finance Minister Mr. Ishaq Dar as on May
26, 2017. Although the highest standard of Professional Competence and Care has been followed regarding the showing of facts & figures in this
Budget Commentary. However, Khilji & Co, (Chartered Accountants) does not assume any responsibility as to the correctness, alteration or
change of these fact & figures in future which may be expected when the bill is presented in National Assembly of Pakistan for its approval
Moreover, Khilji & Co, Chartered Accountants will not be held responsible for any action taken / not taken on the basis of information contained in
this document.
TABLE OF CONTENTS
1. OVERVIEW OF ECONOMY ....................................................................................... 3
1. OVERVIEW OF ECONOMY
Since 2013-14, the economy has witnessed a smooth upward trend in growth rate. Real GDP
growth was above four percent in 2013-14 and has smoothly increased during the last four years
to reach 5.28 percent in 2016-17, which is the highest in 10 years. It is widely acknowledged that
Pakistan has immense economic potential. According to a report published in 2017, Pakistan is
projected to become the worlds 20th largest economy by 2030 and 16th largest by 2050.
Pakistan has seen a noticeable economic turnaround over the last four years due to the
implementation of a comprehensive economic revival programme.
1. Fiscal consolidation through improved public financial management and tax administration,
2. Energy restructuring of energy sector including capacity enhancement, divestment through
strategic private partnerships and strengthening of regulatory framework.
These reforms are complemented with a number of growth supporting steps such as
On account of these initiatives the macro-economic performance remains robust, with a steadily
rising growth of 4.05 percent in FY2014, 4.06 percent in FY2015 and 4.51 percent in FY 2016. The
economy continues to maintain its growth momentum above 4.0 percent for the 4th year in a
row with highest growth at 5.28 percent in 10 years in FY2017.
The outgoing fiscal year has witnessed an impressive growth in agriculture output and in the
services sector. The agriculture sector met its growth target of 3.5 percent, helped by government
supportive policies and by increased agriculture credit disbursements. During 2015-16, the
agriculture credit disbursement was close to Rs 600 billion while during 2016-17, the target was
raised to Rs 700 billion. During July-March 2016-17, the disbursement was observed to be 23
percent higher as compared to the previous year.
The services sector recorded a growth of 5.98 percent and surpassed its target which was set at
5.70 percent. Wholesale and retail trade sector grew at a rate of 6.82 percent. The growth in this
sector is bolstered by the output in the agriculture and manufacturing sectors. The share of
Agriculture, Manufacturing and Imports in Wholesale and Retail Trade growth is 18 percent, 54
percent and 15 percent respectively. The Transport, Storage and Communication sector grew at a
rate of 3.94 percent. Finance and insurance activities show an overall increase of 10.77 percent,
mainly because of rapid expansion of deposit formation (15 percent) and demand for loans (11
percent). General government services grew by 6.91 percent, mainly driven by the increase in
real wages and salaries in this sector. Also other private services contributed significantly.
Foreign Direct Investment, (FDI) amounted to $1.733 billion during Jul-Apr, FY2017 compared to
$1.537 billion during the same period last year, posting a growth of 12.75 percent. On a YoY
basis, it registered significant growth of 17.1 percent in April 2017. The major FDI inflows during
the period under review are from
Food, Power, Construction, Electronics, Oil & Gas exploration, Financial Business and
Communication remained the main recipient sectors Foreign Portfolio Investment (FPI)
increased to $ 589.7 million during Jul-Apr, FY2017 compared to $ - 404.3 million last year.
2. Tax Revenues
FBR tax revenues recorded a significant increase since FY2013 and gradually grew by 60 percent
in FY2016 over FY2013. Surpassing the annual target for the first time in seven years, FBR
revenues posted a growth of over 20 percent during FY2016. In percentage of GDP, FBR tax
collections increased from 8.7 percent in FY2013 to 10.7 percent of GDP in FY2016. During July-
April FY 2017, FBR tax collection posted a growth of 8.0 percent.
3. Banking Sector
4. Agriculture
Agriculture is the lifeline of Pakistans economy accounting for 19.5 percent of the gross
domestic product, employing 42.3 percent of the labour force and providing raw material for
several value-added sectors. It thus plays a central role in national development, food security
and poverty reduction. The rapid growth of Pakistans urban areas indicate that demand for
high-value perishable products such as fruits, vegetables, dairy, and meat is rising. Government
is focusing to increase the yield for rural growers through major infrastructure investments
including reliable transport networks and other building blocks for modern supply chains. CPEC
will go a long way in the enhancement of agribusiness benefits by tapping value-added product
innovation and supply chain.
5. Manufacturing
Manufacturing sector is the backbone of Pakistans economy and constitutes the second largest
sector of economy contributing 13.5 percent to Gross Domestic Product (GDP) and generating
biggest number of industrial employment with technology transfer. It comprises mainly of
6. STOCK MARKET
The capital market is an essential agent of economic growth and the positive relationship
between the two is borne out by all the economic theories and models of economic development.
The period, July 1, 2016 to May 08, 2017, witnessed an overall positive and bullish trend for the
stock market in Pakistan. The KSE 100 Index demonstrated exceptional performance of equity
market during the period mainly due to improved macroeconomic indicators, wide-ranging
reform measures undertaken by SECP, better security situation and Pakistan's reclassification in
MSCI EM Index.
Pakistans external sector continued to face severe stress during 2016-17. Though the rate of
export decline was stemmed, Pakistans exports declined by 3.06 % during the first 9 months of
the fiscal year 2016-17. Imports, however, continued to grow at a much faster rate and grew by a
large percentage of 18.67 during the first nine months of the FY2017 as compared to the previous
year.
Structure of Exports Structure of Imports
Particulars July-March % Change July-March % Change
in Dollars in Values Particulars Values in Dollars in Value
2015-16 2016-17 P 2015-16 2016-17 P
Total 15,597.5 15,118.6 -3.1 Total 32,444.7 38,503.8 18.7
A. Food Group 3,037.8 2,685.9 -11.6 A. Food Groups 3,938.6 4,528.7 15.0
B. Textile Manufactures 9,362.3 9,278.9 -0.9 B. Machinery Group 4,321.9 6,465.0 49.6
C. Petroleum Group 128.9 139.2 8.0 C. Petroleum Group 5,584.8 6,686.7 19.7
D. Other Manufactures 2,386.7 2,274.1 -4.7 D. Consumer Durables 2,727.5 3,470.0 27.2
E. All Other items 681.7 740.5 E. Raw Materials 5,714.1 5,610.9 -1.8
F. Telecom 1,046.8 1,028.8 -1.7
G. All other items 2,799.5 3,139.2 12.1
3. BUDGET HIGHLIGHTS
The total outlay of budget 2017-18 is Rs 5,103.8 billion. This size is 4.3% higher than the size
of budget estimates 2016-17.
The resource availability during 2017-18 has been estimated at Rs 4,713.7 billion against Rs
4,442 billion in the budget estimates of 2016-17.
The net revenue receipts for 2017-18 have been estimated at Rs 2,926 billion indicating an
increase of 5.3% over the budget estimates of 2016-17.
The provincial share in federal taxes is estimated at Rs 2,384.2 billion during 2017-18, which
is 11.6% higher than the budget estimates for 2016-17.
The net capital receipts for 2017-18 have been estimated at Rs 552.5 billion against the
budget estimates of Rs 453.6 billion in 2016-17 i.e. an increase of 21.8%.
The external receipts in 2017-18 are estimated at Rs 837.8 billion. This shows an increase of
2.2% over the budget estimates for 2016-17.
The overall expenditure during 2017-18 has been estimated at Rs 5,103.8 billion, out of
which the current expenditure is Rs 3,763.7 billion and development expenditure is Rs
1,340.1 billion.
The share of current and development expenditure respectively in total budgetary outlay
for 2017-18 is 73.7% and 26.3%.
The expenditure on General Public Services is estimated at Rs 2,553.6 billion which is 67.8%
of the current expenditure.
The development expenditure outside PSDP has been estimated at Rs 152.2 billion in the
budget 2017-18.
The size of Public Sector Development Programme (PSDP) for 2017-18 is Rs 2,113 billion.
Out of this, Rs 1,112 billion has been allocated to provinces. Federal PSDP has been
estimated at Rs 1,001 billion, out of which Rs 377.9 billion for Federal Ministries/Divisions,
Rs 380.6 billion for Corporations, Rs 30 billion for Prime Minister's SDGs Achievement
Programme, Rs 40 billion for Special Federal Development Programme, Rs 12.5 billion for
Energy for All, Rs 12.5 billion for Clean Drinking Water for All, Rs 7.5 billion for
Earthquake Reconstruction and Rehabilitation Authority (ERRA), Rs 5 billion for Special
Provision for Competition of CPEC Projects, Rs 45 billion for Relief and Rehabilitation of
IDPs, Rs 45 billion for Security Enhancement, Rs 20 billion for Prime Minister's Initiative
and Rs 25 billion for Gas Infrastructure Development Cess.
To meet expenditure, bank borrowing has been estimated for 2017-18 at Rs 390.1 billion,
which is significantly lower than revised estimates of 2016-17.
(Rs. in Billion)
RECEIPTS EXPENDITURE
TAX REVENUE 4,330.5 A. CURRENT 3,477.1
The definition of Fast Moving Consumer Goods is proposed to be amended to clarify that
durable goods are excluded from the definition
To incentivize investment in technology sector, startups are provided exemption in the year in
which they are certified by PSEB and following two years while exemption from minimum tax
(113) and withholding tax (153) are also proposed through amendments in second schedule.
Super tax introduced vide finance act 2015 is proposed to be extended to tax year 2017.
Taxation of undistributed reserves is still applicable but proposed to be amended. A tax at the
rate of 10% is proposed to be imposed on every public company other than a scheduled bank or
a modaraba that derives profit for a tax year but does not distribute at least 40% of its after tax
profits within six months of the end of the tax year through cash or bonus shares. For tax year
2017 the bonus shares or dividends should be distributed before 31st December 2017 in case of
companies whose year end is 30th June and before 30th September 2018 in case of companies
whose year end is 31st December 2017.
The above section 5A is proposed not to be applicable on Companies owning Electric Power
Generation Projects and Companies in which 50% or more shares are held by Government.
The final taxation regime offered to builders is proposed to be restricted to tax year 2017 only.
Moreover the regime is proposed to be available to builder if he has paid made first payment of
tax @ 5% and the commissioner has issued the payment schedule for the remaining tax payment.
The final taxation regime offered to developer is proposed to be restricted to tax year 2017 only.
Moreover the regime is proposed to be available to developer if he has paid made first payment
of tax @ 5% and the commissioner has issued the payment schedule for the remaining tax
payment.
The interest on loans given by employer to his employee is to be taxed at higher of actual interest
rate or benchmark rate. However the same is not applicable on loans not above rupees five
hundred thousand. This limit is proposed to be raised to one million rupees, thus intended to
provide relief to salaried taxpayer.
The new proviso proposes to clarify claim of full depreciation on an asset acquired by a person
under a musharika financing or diminishing musharika financing arrangement and the asset is
jointly owned by the taxpayer and the Islamic financial institution.
The rates of tax on capital gain under section 37A are proposed to be modified and instead of
slab rates based on holding period fixed rate of 15% for filers and 20% for non-filers are
proposed to be prescribed for tax year 2018 & onwards.
The minimum criteria of income for claiming deduction in respect of educational expenses is
proposed to be raised from one million rupees to one and a half million rupees.
The minimum monetary limit for tax credit on account of investment in health insurance is
proposed to be raised from one hundred thousand rupees to one hundred and fifty thousand
rupees.
Section 65A Tax credit to a Person registered under the Sales tax Act, 1990
Tax credit at the rate of 3% of tax payable is provided to a person who is registered in sales tax
and makes sales of at least 90% to sales tax registered persons. The said tax credit is proposed to
be withdrawn by deleting the section.
Tax credit is available at the rate of 20% of tax payable to companies who opt for enlistment on a
stock exchange. The tax credit is available for that tax year and one subsequent tax year. This tax
credit is proposed to be extended to three tax years subsequent to listing however the rate of tax
credit for the last two years is proposed to be 10% of the tax payable.
The dividend paid by a non-resident company to a resident person is taxable in the hand of
receiver as income from Business or income from other sources. The treatment is proposed
to be deleted.
Section 100(2) Special provisions relating to the production of oil and natural gas, and
exploration and extraction of other mineral deposits
The income and gains derived from sui gas fields discovered before 24th September 1954 are not
subject to taxation under the fifth schedule. The same is proposed to be subjected to taxation
regime under fifth schedule.
The conditions for allowance of 100% of tax credit to Non-profit Organizations, trusts and
welfare institutions are proposed to be increased. Now in addition to other conditions another
condition is proposed whereby the administrative and management expenses are required to be
kept up to 15% of the total receipts.
The surplus funds of a non-profit organization are proposed to be made taxable at the rate of
10%.
a) Not spent on charitable and welfare activities during the tax year;
b) Received during the tax year as donations, voluntary contributions, subscriptions and
other incomes;
c) Or more than 25% of the total receipts of the non-profit organization received during the
tax year
d) Are not part of restricted funds
The term restricted funds is proposed to be defined as any fund received by the organization
but could not be spent and treated as revenue during the year due to any obligation placed by
the donor.
Widows, orphans below age of 25 years, non-resident persons and disabled persons are
provided exemption from filing of return of income if no other conditions provided in section
114 are attracted except ownership of immovable property. Now, they are also provided
exemption from filing of return in following cases:
a) owns immovable property with a land area of five hundred square yards or more located
in a rating area
b) owns a flat having covered area of two thousand square feet or more located in a rating
area
c) owns a motor vehicle having engine capacity above 1000CC
The time window of revision of wealth statement is proposed to be narrowed from finalization
of assessment to issuance of notice.
Section 119 Extension of Time for Furnishing Returns and Other Documents
The taxpayer is proposed to be granted an additional right to approach chief commissioner for
extension in time of filing of return, if the commissioner does not grants extension in time.
Section 122C relating to provisional assessment is proposed to be deleted however section 121 is
proposed to be modified to empower Commissioner making best judgment in case of failure to
furnish return. However action under section 121 is appealable unlike section 122C.
Provision relating to appointment of Judicial Member from Income Tax Department is now
proposed to be deleted.
Previously a BS 20 or above officer having law degree could become a judicial member. This
provision is now thankfully withdrawn.
Sec 146 - Recovery of tax from persons assessed in Azad Jammu and Kashmir and Gilgit-
Baltistan.
This will increase the scope of recovery under this section to the province of Gilgit-Baltistan as
well together with Kashmir.
Threshold for exclusion of a taxpayer (individual) from advance tax u/s 147 is proposed to be
increased from Rs. Five hundred thousand to Rs one million being the latest assessed taxable
income other than clauses (a), (b), (ba), (c) and (d) of subsection 1 of the said section.
This will increase the limit for calculation of advance tax from business individual generally
from Rs five hundred thousand to Rs one million.
The above mentioned sub-section excluded the fertilizer by manufacturer of fertilizer from tax
collected from imports to be treated as final tax earlier. Now by deleting this sub-section the tax
collected shall be final tax for fertilizer.
Clause 1B read with clause 41, part IV, Second Schedule: Previously through clause 41, part IV,
second schedule, the non-resident persons were required to file declaration within 3 months of
commencement of tax year if they wanted to opt for final tax regime while the declaration was
irrevocable for three years. Clause 41 is proposed to be deleted and option for FTR is now
available through proviso to clause 1B of section 152 however neither time for exercise of option
is specified nor is it mentioned that the option is irrevocable or otherwise.
Clause 4A: has been substituted increasing scope of application for exemption from tax
deduction or tax deduction at reduced rate to sub section 1A i.e. non-resident persons engaged
in execution of construction, assembly, installation and related work in Pakistan.
A provision has been proposed to be added after clause (c) whereby the recipient of services
receives the payment through an agent or third person and that third person/agent retains the
fee by whatever name called from that payment, the recipient shall collect tax on that fee from
the agent/third person.
This is primarily proposed for collection of tax from commission retained by agents like travel
agents, advertising agents etc.
By insertion of clause 2A to the section 165, revision of statements filed under sub-section 1 & 2,
have been allowed within sixty days of filing of statement.
Scope is proposed to be increased by adding or any other reportable for the purposes of
providing of information to the Board in the prescribed form and manner for automatic
exchange of information under bilateral agreement or multilateral convention.
Through the addition of sub-section 3, the meaning of term reportable person and financial
institution have been referred to Chapter XIIA of the Income Tax Rules, 2002.
For the purposes of obtaining information or evidence, to exercise the powers under sub-section
1(c) like entering into the premises, requiring production of necessary records the firm of cost
and management accountants has also been proposed to be prescribed. Previously only firm of
Chartered Accountants was mentioned for the purpose.
Serial number 17 is proposed to be added for failure to comply with section 107, 108 and 165B
within due date, penalty of Rs two thousand per day of default for each day subject to a
minimum penalty of twenty five thousand rupees.
In clause (a), reference to sub-section 4 of section 114 is proposed to be added extending scope of
sub-section (a) to include the failure to compliance in respect of the notice issued by the
Commissioner to a person, who in the Commissioners opinion required to file a return, in list of
offensive acts punishable on conviction with fine or imprisonment up to one year.
Likewise, in clause (c), the expression or Chapter XII is proposed to be inserted extending
scope to Chapter XII i-e Transitional advance tax provisions. These provisions include
advance tax u/s 233, 234, 235 & 236 i.e. on brokerage and commission, transport business,
electricity consumption and telephone users.
This sub-section deals with default on account of advance tax under sub-section 4A or 6.
The proviso after sub-section 3 has been proposed to be deleted. The proviso excluded the
permanent establishment of non-resident from the application of this section. Now this exclusion
has been removed hence a PE can also apply for advance ruling.
The amendment seeks to include District Taxation Officer and Assistant Director Audit in
the list of taxation authorities mentioned in sub-section 1. Likewise, said authorities have been
proposed to be added in sub-section 3A after Inland Revenue Officers.
Similarly in sub-section 4 & 4A, above mentioned authorities have been added after Inland
Revenue Audit Officers.
As per above mentioned proposed change in income tax authorities, corresponding change has
been made by adding the District Taxation Officer and Assistant Director Audit in the list of
authorities after Inland Revenue Officers, that the Board may appoint.
The amendment seeks to allow sharing of information regarding salaries with Employees Old
Age Institution.
The sub-section (aa) has been added specifying the information not supported by any
evidence shall be rejected against claim for reward by the whistleblowers.
The amendment seeks to add the above Directorate-General consisting a Director General and
as many Directors, Additional Directors, Deputy Directors, Assistant Directors and as many
officers as the Board may appoint, by notification in Official Gazette.
The Board has power to specify the functions, jurisdictions and powers, by notification in
Official Gazette.
The amendment seeks to add the above Directorate-General consisting a Director General and
as many Directors, Additional Directors, Deputy Directors, Assistant Directors and as many
officers as the Board may appoint, by notification in Official Gazette.
The function of this directorate shall be to conduct transfer pricing audit. This audit shall be
independent of audit u/s 177, 214C or 214D of the income tax affairs. It has been clarified that
such audit refers to the audit for determination of transfer price at arms length in transactions
between associates.
The Board has power to specify the functions, jurisdictions and powers, by notification in
Official Gazette.
Sub-section 1A has been proposed to be changed to include the financing method, whether
shariah compliant or conventional, including ijara for the purposes of collection of advance tax at
the rate of three percent of the value of the motor vehicle from non-filers.
Sub-section 2 has been proposed to be changed by mentioning tax collected under this head to be
final tax from adjustable tax.
By amending sub-section 3, the tax collected on electricity bill has also been included in final tax
along with consumption of gas by a CNG station.
Clarification: the tax for the purposes of sub-section 3 means tax collected under sub-section (1),
inclusive of sales tax and incidental charges.
Sub-section 4 not allowing any adjustment of withholding tax collected or deducted under any
other head during the tax year, has been deleted.
It will allow the claim of tax collected/deducted against the tax liability on taxable income.
The bill has proposed to add a clarification after sub-section (2) regarding the electricity bill to be
inclusive of sales tax and all incidental charges.
In sub-section 4(a), the tax collected, other than a Company, up to bill amount of Rs thirty
thousand per month was mentioned to be minimum tax on the income of such person and no
refund was allowed. Now the proposed amendment converted this amount to Rs three hundred
and sixty thousand per annum i-e in annual terms.
As above, the bill has added a clarification after sub-section (2) regarding the electricity bill to be
inclusive of sales tax and all incidental charges.
Sec 236C, 236K & 236 W Advance Tax on Sale or Transfer of Immovable Property
Tax collected on sale of immovable property is proposed to be minimum tax if purchased and
sold in the same year. Moreover the word recording is proposed to be inserted to provide wider
coverage to section 236C, 236K & 236W.
Sec 236G and 236H Advance Tax on Sales to Distributors, Dealers and Wholesalers and
Retailers
Batteries has also been added in products list after paint for the purposes of collection of
advance tax.
Pakistan Tobacco Board is proposed to be made as Withholding agent for collection of advance
tax @ 5% of the purchase value of tobacco from every person purchasing tobacco including
manufacturers of cigarettes.
A new section has been proposed to be inserted to validate the Federal Government notifications
issued before the first day of July, 2017 because of recent Court orders.
Specific exemptions under Part IV, Second Schedule are proposed to be modified as under:
1. Exemption from 148 under clause 56 proposed to be extended to Z&M oils (Pvt) Ltd,
Exceed Petroleum (Pvt) Ltd, Petrowell (Pvt) Ltd, Quality-1 Petroleum (Pvt) Ltd, Horizon
Oil Company (Pvt) Ltd, Outreach (Pvt) Ltd, Kepler Petroleum (Pvt) Ltd.
2. Exemption to Hajj operators proposed to be extended for tax year 2017
3. Exemption from import under clause 72B is now proposed to be subjected to the
condition that quantity of raw material imported and sought to be exempted shall not
exceed 125% (previously 110%) of the raw material imported in the previous year.
4. Exemption from minimum tax on services on certain sectors mentioned in clause 94 is
proposed to be extended for tax year 2018
5. Branchless banking proposed to be provided exemption from withholding tax under
section 231A on cash withdrawals.
6. Advance tax on vehicles under section 231B(1A) proposed to be exempted for light
commercial vehicles leased under Prime Minister Youth Business Loan Scheme.
An explanation is proposed to be inserted to clarify that taxation of notional loss or notional gain
is not applicable unless all the events that determine such gain or loss have occurred and gain or
loss can be determined with reasonable accuracy.
Eighth NCCPL
The quarterly statement filing by NCCPL is proposed to be required within 45 days (previously
30 days) of end of quarter while date of deposit of tax is proposed to be specified as August 15
(previously July 31) after the close of financial year.
After clause 43, the following new clause is proposed to be inserted which will ascertain the
conditions for tier-I retailers. The clause quotes,
The taxation of Tier 1 retailers was specified through Special Procedure Rules however due to
court order, it is now proposed to be provided through insertion of sub-section 9A to section 3
whereby they are required to pay sales tax @ 17% on taxable supplies and file monthly sales tax
returns like other registered person or they may opt to pay 2% tax on overall turnover including
exempt supplies by notifying Chief Commissioner however adjustment of input will not be
available in such case. Further supplies under SRO 1125(I)/2011 are excluded from purview of
this provision.
Scope of Tax
[Section 3(1)(b)]
The Courts had held that import of goods for non-tariff areas are not subject to taxation and now
the proposed amendment in section 3(1)(b) seeks to insert the words irrespective of their final
destination in territories of Pakistan as specified in clause 2 of Article 1 of the Constitution of
Islamic Republic of Pakistan after the word Pakistan to provide taxation of goods imported
for non-tariff areas.
[Section 3(1A)]
The proposed amendment seeks to provide applicability of further tax even in case of zero rated
goods. However, zero-rated supplies made to diplomats, privileged persons, duty free shops
and similar categories shall be excluded from the purview of further tax.
The proposed amendment seeks to substitute the words Board with the approval of the
Minister In-charge of the Federal Government for the words Federal Government thus
expanding the role of Federal Board of Revenue and removing administrative difficulties.
Further amendments are also proposed to validate earlier notifications.
Appointment of authorities
[Section 30, clause ea and fa]
After clause e and f, the following new clause is proposed to be inserted thus expanding the
categories of officers. The clause quotes,
After serial number 22, the proposed amendment seeks to insert new serial number 23 and
entries relating thereto thus it extends the scope for penalties. The new serial number quotes;
The proposed amendment seeks to provide automatic stay till decision of Commissioner
(Appeals) against recovery subject to payment of 25% of the amount of sales tax demand.
As per salient features, sales tax withholding is proposed to be withdrawn on supplies from
registered persons to other registered persons with the exception of advertisement services
THIRD SCHEDULE
[Clause (a) of sub-section (2) of section 3]
Existing Proposed
Serial No. Description Heading Serial No. Description Heading
Nos. of the Nos. of the
First First
Schedule to Schedule to
the Customs the Customs
Act, 1969 (IV Act, 1969 (IV
of 1969) of 1969)
(1) (2) (3) (1) (2) (3)
2. Ice Cream 21.05 2. Ice Cream 2105.0000
32. Fertilizers Respective 32. omitted
heading
FIFTH SCHEDULE
[Section 4]
Existing Proposed
Serial No. Description Serial No. Description
(1) (2) (1) (2)
12. The following goods 12. The following goods
and the raw and the raw
materials, packing materials, packing
materials, sub- materials, sub-
components, components,
components, sub- components, sub-
assemblies and assemblies and
assemblies imported assemblies imported
or purchased locally or purchased locally
for the manufacture for the manufacture
of the said goods, of the said goods,
subject to the subject to the
conditions, conditions,
limitations and limitations and
restrictions as restrictions as
specified in Chapter specified in Chapter
XIV of the Sales Tax XIV of the Sales Tax
Special Procedure Special Procedure
Rules, 2007:- Rules, 2007:-
(xvii) Preparations (xvii) preparations
for infant use put up suitable for infants or
for retail sale (PCT young children, put
Heading 1901.1000) up for retail sale
SIXTH SCHEDULE
[Section 13(1)]
Table 1
Existing Proposed
Serial 1. Serial 1.
0101.3100 (asses) 0101.3000 (assess)
0102.1010 (Buffaloes) Omitted
0105.1900 (other) Omitted
Serial 15. Serial 15.
0803.0000 (Bananas, including plantains, Omitted
fresh or dried)
0805.2010 (Kino-fresh) 0808.2910 (Kino-fresh)
0805.2090 (other) 0805.2100 (other)
0805.2200 0805.2990
Serial 17. Serial 17.
0910.1000 (Ginger) 09.10 (Ginger)
Serial 19. Serial 19.
1102.3000 Omitted
Serial 20. Serial 20.
1209.1010 omitted
Serial 23. Serial 23.
1212.9990 (Other) 1212.9300 (Other)
Serial 26. Serial 26.
2009.8000 (Juice of any other single fruit or Omitted
vegetable)
Serial 100C.
Vehicles imported by China Overseas Ports
Holding Company Limited (COPHCL) and
its operating companies namely (i) China
Overseas Ports Holding
Company Pakistan (Private) Limited (ii)
Gwadar International Terminal Limited, (iii)
Gwadar Marine Services Limited and
(iv) Gwadar Free Zone Company Limited, for
a period of twenty three years for
construction, development and operations of
Gwadar Port and Free Zone Area subject to
limitations, conditions prescribed under PCT
heading 9917
(3)
Serial 106. Serial 106.
0206.2000 Omitted
Serial 108. Serial 108.
Components or sub-components of energy Components or sub-components of energy
saver lamps, namely against sub-serial (h), in saver lamps, namely against sub-serial (h), in
column (3) 3824.9099 column (3) 3824.8400
(Al-oxide Suspension) (Al-oxide Suspension)
Serial 110. Serial 110.
The following items with dedicated use of The following items with dedicated use of
renewable source of energy like solar and renewable source of energy like solar and
wind, subject to certification by the wind, subject to certification by the
Alternative Energy Development Board Alternative Energy Development Board
(AEDB), Islamabad:- (AEDB), Islamabad:+
(c) SMD, LEDs, with or without ballast, with (c) SMD, LEDs, with or without ballast, with
fittings and fixtures fittings and fixtures
Serial 113. Serial 113.
High Efficiency Irrigation Equipment (If used High Efficiency Irrigation Equipment (If used
for agriculture sector):- for agriculture sector):-
(2) Sprinklers including high and low (2) Sprinklers including high and low
Respective Headings, and subject to Sodium Iron (NA Fe EDTA), and other
conditions imposed for importation premixes of Vitamins Minerlas and Micro-
under the Customs Act, 1969; nutrients (food grade) and subject to
conditions imposed for importation
under the Customs Act, 1969;
Serial 133. Serial 133.
2903.3040 Omitted
(Ingredients for pesticides)
2903.6900 Omitted
(Cadusafos Technical Material)
2918.9010 Omitted
(Ingredients for pesticides)
2919.0010 Omitted
(Ingredients for pesticides)
2919.0090 Omitted
(Other Ingredients for pesticides)
2922.1300 Omitted
(Triethanolamine and its salts)
2924.2930 Omitted
(Ingredients for pesticides)
2939.9910 2939.8010
3824.9099 3824.9999
Serial 134.
9908 (Goods received as gift or donation from
a foreign government or organization by the
Federal or Provincial Governments or any
public sector organization subject to
recommendations of the Cabinet Division
and concurrence by the Federal Board of
Revenue.)
Serial 135.
Sunflower and canola hybrid seeds
meant for sowing
Serial 136.
8433.5100 (Combined harvesters Upto five
years old)
Serial 137.
8408.9000 (Single cylinder agriculture diesel
engines (compression-ignition internal
combustion piston engines) of 3 to 36 HP,
and CKD kits thereof)
Table 3
Existing Proposed
(ii) except for S. No. 9 and 14 of the Annexure, the Chief (ii) except for S. No. 9 and 14, 14A and 15 of the
Executive, or the person next in hierarchy duly Annexure, the Chief Executive, or the person next
authorized by the Chief Executive or Head of the in hierarchy duly authorized by the Chief
importing company shall certify in the prescribed Executive or Head of the importing company shall
manner and format as per Annex-A that the imported certify in the prescribed manner and format as per
items are the companys bona fide requirement. He shall Annex-A that the imported items are the
furnish all relevant information online to Pakistan companys bona fide requirement. He shall furnish
Customs Computerized System against a specific user all relevant information online to Pakistan
ID and password obtained under section 155D of the Customs Computerized System against a specific
Customs Act, 1969. In already computerized user ID and password obtained under section 155D
Collectorates or Customs stations where the Pakistan of the Customs Act, 1969. In already computerized
Customs Computerized System is not operational, the Collectorates or Customs stations where the
Project Director or any other person authorized by the Pakistan Customs Computerized System is not
Collector in this behalf shall enter the requisite operational, the Project Director or any other
information in the Pakistan Customs Computerized person authorized by the Collector in this behalf
System on daily basis, whereas entry of the data shall enter the requisite information in the Pakistan
obtained from the customs stations which have not yet Customs Computerized System on daily basis,
been computerized shall be made on weekly basis; and whereas entry of the data obtained from the
customs stations which have not yet been
computerized shall be made on weekly basis; and
Goods Declaration
[Section 2(la]
Controlled delivery
[Section 2(z]
The bill proposed to modify the statutory designation of the Directorate General of Intelligence
and Investigation.
The bill proposed to insert a new section to create legal provision for establishment of a
Directorate General CPEC to provide effective supervision and monitoring of trade flows under
this directorate general.
The bill seeks to amend the section 7 with a view to include reference of both the officers of
Inland Revenue and National Highway & Motorway Police.
Uniform
[Section 8A]
The bill proposed to insert a new proviso to empower the Federal Board of Revenue to notify the
wearing of uniform for officers and staff of the Customs Service of Pakistan.
The bill seeks to amend the section 19 and insert a new provision in sub-section 5 of section 19
with a view to rationalize the existing provisions with the Rules of Business and to provide legal
coverage to certain notifications.
The purpose is to empower FBR for issuance of notifications with the approval of Minister In-
charge and to provide sanctity to notifications issued after July 2016 so they remain in force till
June 30, 2018 unless rescind earlier.
The amendment is proposed in section 25A to insert a new proviso clarifying that if value
declared in goods declaration is higher than value determined under section 25 then value as per
goods declaration shall be the customs value.
The bill proposed to add a new sub-section to empower the Board to frame rules to conduct End
Use Verification of dual use precursor chemicals.
Refunds
[Section 33]
The bill seeks to amend section 98 to empower a Chief Collector to allow second extension in
warehousing period as well as to harmonize discrepancy between Act and rules relating to
extended warehousing period provided under various export-oriented regimes.
The bill proposed to insert new provision by creating right of Appeal with the Chief Collector in
cases of cancellation or suspension of User Id by Collector.
The bill proposed to amend the section 156 to enable the Board to regulate the imposition of
penalties and to create specific penalty for failure to entertain a delay and detention certificate
issued by the officer of Customs.
Appeals to Collector
[Section 193]
The bill seeks to amend section 195 to add a new sub-section 1A with a view to allow the Board,
Collector or Collector (Adjudication) to dispose of a case on its own and further empowering
them to assign the case to an officer of equal or higher rank, as may have passed the earlier
order.
A new section is proposed to enable the Customs Department to enhance international co-
operation, participation in international initiatives / joint operations and greater access to
Technical Assistance and Capacity Building activities.
Validation
[Section 221A]
The bill proposes to insert a new section to provide savings vis--vis earlier issued notifications.
The bill seeks to substitute First Schedule to the Custom Act, 1969 (IV of 1969) however proposed
substitutions are not yet released.
Fifth Schedule
The bill seeks to substitute Sixth Schedule (Inserted in Finance Act 2014) to the Custom Act, 1969
however proposed substitutions are not yet released.
The bill Seeks to substitute the word Board for the words Federal Government in clause (8a)
in section 2 for transfer of following powers to Federal Board of Revenue from Federal
Government:
The bill proposed to substitute the existing sub-section (10) of section 19 to provide penalty for
manufacture of illegitimate cigarettes.
The bill proposes to add designation of District Taxation Officer and Assistant Director Audit
and redefine powers of certain other officers.
The bill proposed to provide conditional relief from recover measures till decision of
Commissioner (Appeals) subject to payment of 25% demand. This proviso appears to be
superfluous in the presence of existing condition of 15% payment of demand under proviso to
section 37(3) of FE Act 2005.
Validation
[Section 43A]
The bill proposed to insert a new section 43A for validation of notifications issued by Federal
Government before commencement of Finance Act 2017. This is similar to validation provisions
proposed to be provided in other laws as discussed in this memorandum earlier.
The Bill proposed to insert a new clause (d) after clause (c) in sub-section (1) of section 47 to
provide legal cover to correspondence through electronic means.
First Schedule
TABLE 1
(EXCISABLE GOODS)
S.No. Description of Goods New Rate of Duty
The bill proposed to substitute the existing Restriction after Table 1 in the First Schedule.
Cement
It is also proposed to increase rate of duty on cement from Rs. 1 per Kg as follows:
13 Portland cement, aluminous cement, slag cement, One Rupee and Twenty Five
super sulphate cement and similar hydraulic Per Kilogram
cements, whether or not colored or in the form of
clinkers
Telecommunication Services
[Table II, First Schedule]
The bill proposed to substitute the following to reduce rate of duty on telecommunication
services in Islamabad:
The bill proposed to clarify and provide further exemptions to specified Chinese Company for
Gwadar port.
NON-
Section Description FILER FILER
Industrial undertaking importing remelt-able steel for own
use
Person importing potassium fertilizers
person importing urea
1.00% 1.50%
Manufactured covered under SRO 1125(I)/2011
Persons importing gold
Persons importing cotton
148
Designated buyers of LNG on behalf of GOP
Person importing pulses 2.00% 3.00%
Commercial importer covered under SRO 1125(I)/2011 3.00% 4.50%
Ship breakers on import of ship 4.50% 6.50%
Industrial undertaking not covered above 5.50% 8.00%
Companies not covered above 5.50% 8.00%
Persons (individuals & AOPs) not covered above 6.00% 9.00%
0-400,000 0%
400,000-500,000 2% of amount above 400,000
500,000-750,000 2,000 + 5% of amount above 500,000
750,000-1,400,000 14,500 + 10% of the amount above 750,000
1,400,000-1,500,000 79,500 + 12.5% of the amount above 1,400,000
149
1,500,000-1,800,000 92,000 + 15% of the amount above 1,500,000
SALARY 1,800,000-2,500,000 137,000 + 17.5% of the amount above 1,800,000
2,500,000-3,000,000 259,500 + 20% of the amount above 2,500,000
3,000,000-3,500,000 359,500 + 22.5% of the amount above 3,000,000
3,500,000-4,000,000 472,000 + 25% of the amount above 3,500,000
4,000,000-7,000,000 597,000 + 27.5% of the amount above 4,000,000
7,000,000 and above 1,422,000 + 30% of the amount above 7,000,000
150 & Power Company Privatized by WAPDA
236S Company set up for Power generation 7.50% 7.50%
(dividend Company supplying coal exclusively for power generation
& Persons other than above 15.00% 20.00%
dividend Where stock fund pays dividend to ind, AOP or CO. (where div 12.50% 12.50%
For Private motor cars with engine capacity of 1200-1299CC 20,000 40,000
For Private motor cars with engine capacity of 1300-1499CC 30,000 60,000
For Private motor cars with engine capacity of 1500-1599CC 45,000 90,000
For Private motor cars with engine capacity of 1600-1999CC 60,000 120,000
For Private motor cars with engine capacity of 2000CC and
above 120,000 240,000
234A CNG Station 4% 6%
Advance tax on commercial or industrial electricity bill
Where gross monthly bill is less than Rs. 400 0
Where gross monthly bill is more than Rs. 400 less than Rs.
600 80
Where gross monthly bill is more than Rs. 600 less than Rs.
800 100
Where gross monthly bill is more than Rs. 800 less than Rs.
1,000 160
Where gross monthly bill is more than Rs. 1,000 less than Rs.
1,500 300
Where gross monthly bill is more than Rs. 1,500 less than Rs.
3,000 350
235
Where gross monthly bill is more than Rs. 3,000 less than Rs.
4,500 450
Where gross monthly bill is more than Rs. 4,500 less than Rs.
6,000 500
Where gross monthly bill is more than Rs. 6,000 less than Rs.
10,000 650
Where gross monthly bill is more than Rs. 10,000 less than
Rs. 15,000 1,000
Where gross monthly bill is more than Rs. 15,000 less than
Rs. 20,000 1,500
12% for commercial/5%
Where gross monthly bill is more than Rs. 20,000 for industrial
Advance tax on domestic electricity bill exceeding
235A 100,000/month 7.50% 7.50%
For Mobile phone and/or internet subscribers 12.50% 12.50%
236 10% of amount above
For other subscribers where monthly bill is more than 1,000 1,000
236A Advance tax at the time of sale by auction 10.00% 15.00%
236B Advance tax on domestic air tickets 5.00% 5.00%
Advance tax at the time of sale or transfer of immovable
236C property 1.00% 2.00%
T
THHA
ANNK
KIIN
NGGN
NOOT
TEE
Lastly, it is matter of true privilege for Khilji & Co, Chartered Accountants, to thank all its team
members for their contributions during preparation of this document. It was really helpful to
have all inputs. KCO considers itself extremely fortunate to have this highly capable, dedicated
and exemplary team.
It has been a monumental effort for all team members contributing through their services and
expertise to make this document possible in such a short span of time. We hope and believe that
this document would assist our clients and team members in better understanding and
evaluation of the Budget proposals.
Since, we are a developing organization therefore, as part of our strategy for continuous
improvement we would appreciate feedback on the document.