Caf 6 PT QB PDF
Caf 6 PT QB PDF
Caf 6 PT QB PDF
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Principles of Taxation
Sixth edition published by
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C
Principles of Taxation
Contents
Page
Index to Questions and Answers v
Questions
Section A Objective test and long-form questions 1
Answers
Section B Objective test and long-form answers 45
I
Principles of Taxation
Question Answer
page page
Chapter 1: System of taxation in Pakistan
8 Canons of Taxation 1 49
9 Ethics for Tax Practioner 1 49
Chapter 4: Basic concepts of income tax law
10 Deductible Allowances 2 50
11 Public Company vs. Private Company 2 51
12 Definitions/Concepts 2 51
13 Residential Status 2 52
14 Types of Tax Regimes 2 53
15 Mr. A 2 55
Question Answer
page page
16 Mr. Mushtaq 3 55
17 Mr. Bashir Ahmed 3 56
18 Mr. Hayat 4 57
19 Mr. Ainud Din Khan 4 58
20 Mr. Mateen 4 59
21 Mr. Aslam 5 60
22 Mr. Akram 6 61
23 Mr. Akber 6 63
Chapter 6: Income from property
24 Mr. Asad 7 64
25 Mr. Akmal 7 65
26 Farrukh 7 65
Chapter 7: Income from business – 1
28 Ideal Associates 8 66
29 Carrot Ltd 8 66
30 Intangible Assets 9 67
31 Mr. Qateel 9 68
32 Mr. Shahbaz 10 70
33 Saleha 10 70
34 Multiple Individuals 11 70
35 Ms. Beena Sikandar 11 71
Chapter 11: Taxation of individuals
36 Mr. Ashraf 12 72
37 Mr. Musaddique Noor 13 73
38 Dr. A. A.Qureshi 14 74
39 Mr. Qais Mansoor 14 75
40 Mr. A. D. Chughtai 15 77
41 Mr. Hyder 16 78
42 Donation 16 78
Question Answer
page page
43 Mr. Zameer Ansari 16 79
44 Ms. Saima 17 81
45 Mr. Bilal 17 82
46 Mr. Faisal 18 82
Chapter 12: Taxation of association of persons (AOP)
47 AB Associates (AOP) 18 83
48 AB & Co. 19 85
49 Ms. Hameeda 20 86
50 T & H Enterprises 21 87
51 Mr. Sohail, Mr. Khaled and Mr. Qazi 22 88
52 Taqi Ahmed 22 89
53 Mushtaq Enterprises 23 91
54 Dawood and Dewan 24 92
55 Baber – Hi Fi Limited 24 93
56 Lone Traders 25 95
57 Baqir, Asad and Rahil 26 96
58 Wajahat 27 97
60 Mr. Sami 28 99
61 Mr. Zahid 28 100
69 Manufacturer 31 104
Question Answer
page page
Chapter 18: Determination of sales tax liability
70 M/S ABC 31 104
71 M/S Safi Electronics 32 105
72 Zeta Pakistan Ltd 32 105
73 Mr. Kaleem 33 106
74 Zubair Enterprises Ltd (ZEL) 33 107
Q
Principles of Taxation
SECTION
Objective test and
long-form questions
CHAPTER 1 – SYSTEM OF TAXATION IN PAKISTAN
1 Briefly explain difference in direct and indirect taxes and different kind of such taxes prevailing in Pakistan.
2 What are the revenue and non-revenue objectives of taxation with reference to;
Tax on salary / income from business
Any amount transferred otherwise than banking channel will be deemed as income
Tax on moveable assets of the taxpayers
Higher taxes on import of luxury goods
Allowability of expenditure of research & developments
Zero rating on Exports
Tax credit on Donations to approved institutions
Tax credit on investments
Tax exemptions to software exports
3 What are the various tax structures and which structure(s) are prevailing in Pakistan
4 What are the major characteristics of effective taxation system
5 Explain the strategies of taxation management
6 Which major countries enjoy the free trade agreements and avoidance of double taxation in Pakistan
CHAPTER 3 – ETHICS
8 What are canons of taxation for legislators?
9 What are the ethics for tax practitioner?
16 MR. MUSHTAQ
Mr. Mushtaq has provided you with the following data for the computation of his total income and tax
thereon for the tax year 2020.
Rupees
Basic salary 225,000
Bonus 50,000
Conveyance allowance 50,000
House rent allowance 101,250
Leave fare assistance 60,000
Cash paid to a non-profit organization by way of donation 20,000
Motor vehicle valuing Rs. 400,000 provided by employer
and used partly for personal and partly for business purpose.
Running cost borne by employee 30,000
At the start of the tax year Mr. Mushtaq was issued 5,000 shares under an employee share option scheme
whereby he was offered shares at 25% discount to the market value. The market value of shares is Rs.11
per share. House loan taken by Mr. Mushtaq amounted to Rs.200,000 and interest paid on such loan
during the year amounted to Rs.6,000.
Required:
You are required to compute his taxable income and tax thereon for the tax year 2020. Show all
computations and assumptions, as necessary.
During the year Company “A” had deducted tax under section 149 amounting to Rs.270,000 and
Company “B” had deducted tax under section 149 amounting to Rs.800,000 from payments made to Mr.
Bashir.
Required:
Compute the taxable income and tax liability of Mr. Bashir based on the data provided above for the tax
year 2020.
18 MR. HAYAT
Mr. Hayat, chief engineer in Mega Limited, had received 6,000 shares of the company in July 2017, under
an employee share scheme. Mr. Hayat had the option to transfer the shares in tax year 2019 or thereafter.
The market value of shares at the time of issue was Rs. 12 per share. In 2018 the share attained a market
value of Rs. 20; however, Mr. Hayat sold the shares in May 2020 when the share price was Rs. 35 per
share.
Required:
(i) With reference to above, briefly explain the relevant provisions of the income tax Ordinance, 2001
relating to employee share scheme.
(ii) Compute the amount to be included in the taxable income of Mr. Hayat for each tax year.
20 MR. MATEEN
Mr. Mateen was employed with Melody Limited (ML) as an event organizer. On June 30, 2019 he resigned
from his employment without completion of notice period. On July 01, 2019 he joined another company
Rock Star Limited (RSL) as a senior event organizer. Following information is available relating to his
assessment for the tax year 2020:
(a) On July 01, 2019 RSL paid Rs. 280,000 to ML as compensation in lieu of un-served notice period
by Mr. Mateen.
(b) On July 15, 2019 Mr. Mateen received a gratuity of Rs. 350,000 from an unrecognized gratuity
fund maintained by ML. He also received Rs. 150,000 as leave encashment.
(c) In accordance with the terms of his employment with RSL, Mr. Mateen was provided with the
following emoluments / benefits during the tax year 2020:
(i) Basic salary of Rs. 245,000 per month and utility allowance of Rs. 21,000 per month.
(ii) A reimbursement of personal medical expenses, upto 15% of the annual basic salary and
Rs. 250,000 on account of hospitalization charges for his daughter were made after
procuring hospital bills showing the national tax number of the hospital. These bills were
also attested and certified by RSL.
(iii) For the first two months of his employment, a pick and drop facility was provided to Mr.
Mateen at a monthly rent of Rs. 25,000. On September 01, 2019, RSL provided a company
maintained 1300 CC. car which was partly used for private purposes. The cost of the car
was Rs. 1,500,000.
(iv) Monthly salary of Rs. 6,000 was paid to Mr. Mateen’s house keeper. Mr. Mateen however,
reimbursed 20% of the house keeper’s salary to RSL.
(v) A special allowance of Rs. 50,000 was paid to meet expenses necessarily to be incurred in
the performance of his official duties. Actual expenditure was Rs. 40,000.
(vi) On January 01, 2020, he was provided an interest free loan of Rs. 1,500,000. The prescribed
benchmark rate is 10% per annum.
(vii) A commission of Rs. 500,000 was paid for introducing new clients to the company.
Withholding tax was deducted by RSL at the rate of 12% from such payments.
(viii) The tax deducted at source from his salary by RSL for the tax year 2020 amounted to Rs.
550,000.
(d) Apart from his employment with RSL, Mr. Mateen also organized events for private clients. He
received a total of Rs. 1,000,000 from such clients. No tax was deducted from such receipts.
However, he incurred an overall loss of Rs. 350,000 on organizing these events.
(e) On May 31, 2020 he received Rs. 180,000 from Mr. Ali as consideration for vacating his bungalow.
(f) He also received a share of profit from a business in Malaysia equivalent to Pak. Rs. 535,000. He
paid Rs. 130,000 in taxes in Malaysia on such income.
(g) Mr. Mateen acquired 10,000 shares of a listed company from the Privatization Commission of
Pakistan at a price of Rs.10 per share on May 31, 2019. He was allowed a tax credit of Rs. 15,000
in tax year 2019 against this investment. On May 20, 2020 he sold all the shares for Rs. 1,000,000.
(h) He paid Zakat of Rs. 250,000 to an approved organization, through crossed cheque.
Required:
Compute the taxable income, tax liability and tax payable / refundable, if any, by Mr. Mateen for the tax
year 2020.
21 MR. ASLAM
Mr. Aslam has been appointed by Grace University of Commerce (GUC) on 01 December 2019, as its
full time teacher to teach ‘Taxation’. Mr. Aslam is experience teacher for 35 years and currently he is 62
years old. The break-up of his monthly salary from the employer is given below:
(Rupees)
Basic salary 100,000
Utilities allowance 10,000
House rent allowance 30,000
Further, he has also received following amounts from the GUC:
Re-imbursement of children’s education fee 25,000
Bonus 24,000
GUC agreed to bear Rs. 5,000 monthly on account of tax chargeable on Mr. Aslam’s salary. He was also
provided with a motor vehicle having cost of Rs. 1,500,000. The vehicle was to be used partly for official
use. Medical re-imbursements in terms of employment amounted to Rs. 110,000.
On 1st January 2020, Mr. Aslam was granted an option to acquire 1,000 shares under the employee
share scheme. Option was acquired at a cost of Rs.5,000 whereas the exercise price was Rs.30 per
share. Mr. Aslam sold half of the option at Rs. 4,000 and exercised the remaining option on 31st January
2020 when the fair market value of shares was Rs. 50 per share. These shares were, however, subject
to restriction on transfer till 31st March 2020. On this date, the fair market value had climbed to Rs. 60
per share. GUC deducted tax at Rs. 5,000 per month out of Mr. Aslam’s salary.
Required
On the basis of foregoing, compute Mr. Aslam’s taxable income and tax liability for tax year, 2020.
22 MR. AKRAM
Mr. Akram is an employee of Royal Brands Ltd. (a listed Co). In tax year 2020, his basic salary aggregated
to Rs. 1,500,000. The company offered him shares option for acquiring 5,000 shares under employee
share scheme. Cost of option amounted to Rs. 1,000. He exercised the option @ Rs. 50 / share on 1st
September, 2019. Fair market value (FMV) at the time of exercise of shares was Rs. 70 / share. After
holding the shares for a period of 202 days, he disposed them off at:
a) Rs 90 / share
b) Rs 40 / share
Required
In each of the above scenarios, compute Mr. Akram’s taxable income and tax liability for tax year 2020.
23 MR. AKBER
Mr. Akber was employed 1st August 2019 at ABC Limited in the monthly Basic Pay Scale of 150,000 -
10,000 - 175,000. His monthly emoluments during the year ended 30th June 2020 were as follows:
(Rupees)
Mr. Akber was offered to either avail a house rent allowance of Rs.15,000 or rent free accommodation.
He opted for the accommodation. Mr. Aslam has been provided free utilities with a maximum limit of Rs.
10,000 per month. However, he generally consumed utilities worth Rs. 15,000 a month.
Mr. Akber has also been provided with a motor vehicle for official as well as private use. The vehicle was
acquired by ABC Ltd on lease. The fair market value of vehicle was Rs. 1,500,000 at the inception of
lease. However, under the lease agreement, ABC Ltd. was required to pay a total sum of Rs.2,000,000
over the lease term.
During the month of December 2019, the employer waived a Rs. 100,000 loan due from Mr. Akber.
Further, the employer also re-imbursed children education expenses amounting to Rs.46,000. Tax
deducted by employer at Rs. 7,000 per month out of Mr. Akber’s salary.
Mr. Akber left the job as well as Pakistan on 30th April 2020 and joined a new job at UAE on a monthly
salary of AED 12,000 effective from 1st June, 2020. Conversion rate AED 1 = PKRs. 27/-
Required
Compute Mr. Akber’s taxable income and tax liability for tax year 2020.
25 MR. AKMAL
Mr. Akmal purchased four same-sized similar flats at top floor of an apartment block in Karachi in June
2019. He let out two flats at fair market rent of Rs.25,000/- (per month) from the next month onwards. He
also received security deposit at Rs. 200,000/- in connection with each of these two flats. Mr. Akmal
entered into an agreement to sale of third flat, and received Rs.100,000/- as token money on 25/06/2019,
the rest of the proceeds amount was to be paid in 15 days’ time. However, the buyer failed to make the
payment by the due date and the amount of token money was forfeited by Mr. Akmal. The said flat was
then rented to his cousin at monthly rent of Rs.15,000/- on 01/08/2019 with a security deposit of Rs.
50,000/-. Fourth flat was used by Mr. Akmal for his own residential purposes. Mr. Akmal paid property tax
at Rs. 20,000/- in connection with each of his four flats.
Required:
You are required to compute Mr. Akmal’s taxable income and tax liability for Tax Year 2020.
26 FARRUKH
On 1 July 2019 Farrukh borrowed Rs. 8,000,000 from Star Bank Limited and acquired a plot of land in
hub industrial zone of Rs. 6,500,000. He invested the rest of the loan in a business venture with his friend.
The above loan carries mark-up at a rate of 12% per annum and is repayable in eight equal quarterly
instalments starting from 1 July 2020. On 1 August 2019 Farrukh decided to sell the plot of land to Zufiqar
Motors for Rs. 10,000,000 and received a deposit of Rs. 500,000 form them. On 15 August 2019 Farrukh
forfeited the deposit on refusal of Zulfiqar Motors to purchases the plot of land.
On 1 September 2019 Farrukh let out the plot of land to his friend Atif at a monthly rent of Rs. 150,000.
He received an un-adjustable deposit of Rs. 200,000 from Atif and paid Rs. 80,000 for levelling the ground,
Rs.50,000 as ground rent, Rs. 12,000 as insurance premium against the risk of damage or destruction by
water logging and Rs.140,000 against rent collection charges. Farrukh had paid Rs. 25,000 to a firm of
professional valuer, which determined the annual rental value of the plot of land at Rs. 2,160,000
Required:
Under the provisions of the Income Tax Ordinance, 2001 and Rules made there under, compute under
the relevant head of income, taxable income of Farrukh of tax year 2020.
28 IDEAL ASSOCIATES
You are the tax consultant of Ideal Associates who are engaged in the business of manufacture and sale
of electronic goods for the last twenty years. The firm has requested for your opinion in respect of the
following expenditures incurred for tax year 2020:
(i) Provision for bad debts.
(ii) Payment against a trading liability which was outstanding since 2018 and had been added back
into the taxable income of the firm in 2020.
(iii) Initial allowance on a three-year old plant, which has been imported from China. The remaining
useful life of the plant is 7 years.
Required:
Advise the management on the treatment of the above transactions, under the Income Tax Ordinance,
2001.
29 CARROT LTD
Carrot Ltd (CL) is engaged in the manufacture, import and sale of electronic appliances for the past twenty
years. While reviewing the company’s tax provisions, you noticed the following amounts appearing in the
tax calculation for the year ended June 30, 2020.
(i) Expenditure of Rs. 450,000 on promotion of a product which is expected to generate revenue for
twelve years.
(ii) Bad debt in respect of a staff loan, Rs. 25,000.
(iii) Reimbursement of expenses of Rs. 300,000 to CL by the parent company. This amount was
incurred by CL in 2016 on marketing a new product imported from Dubai.
(iv) Initial allowance of Rs. 4,000,000 on a used equipment acquired locally from MSD Limited.
(v) Financial charges amounting to Rs. 100,000 and depreciation amounting to Rs. 200,000 on a
vehicle acquired on finance lease from Radish Leasing. Lease rentals paid during the year
amounted to Rs. 400,000.
Required:
Under the provisions of Income Tax Ordinance, 2001 discuss the admissibility of each of the above
amounts for tax purposes.
31 MR. QATEEL
Mr. Qateel, a resident individual, is engaged in the manufacture of various consumer goods under the
name and style ‘Qateel Enterprises (QE)’. The following information has been extracted from the records
of QE for the financial year ended 30 June 2020.
Rupees
Total turnover 28,500,000
Cost of sales (26,155,000)
Gross profit 2,345,000
Operating expenses (4,500,000)
Operating loss (2,155,000)
Finance charges on lease of machinery (35,703)
Other income 5,000,000
Profit before tax 2,809,297
"Additional information:
(i) Cost of sales includes:
Rs. 45,000 paid as fine for violation of contract with a customer for delay in supply of
goods.
accounting depreciation of Rs. 1,900,000 (including depreciation on leased assets).
(ii) Operating expenses include:
Rs.450,000 paid for renewal of a manufacturing licence for fifteen years.
vehicle tax paid in cash amounting to Rs. 55,000 for eight office cars.
Rs. 200,000 paid as security deposit to K-Electric (KE) for replacement of transformer at
the factory
Rs. 300,000 collected by KE as advance tax through monthly electricity bills.
cash donation to poor families amounting to Rs. 64,600 and donation of Rs. 2,000,000
paid through cheque to Edhi Foundation, which is listed in Part 1 of the Second Schedule
of the Income Tax Ordinance, 2001.
penalty of Rs. 25,000 imposed by the Commissioner Inland Revenue for late filing of
annual return of income for the tax year 2018.
entertainment expenditure of Rs. 128,000 incurred on arrival of foreign customers for
business purposes.
(iii) Other income includes:
dividend of Rs. 580,000 received from listed companies. The amount is net of income tax
at the rate of 15% and Zakat of Rs. 100,000 deducted under the Zakat and Usher
Ordinance, 1980.
Capital gain of Rs. 1,200,000 from sale of shares of a private limited company. Shares
were acquired on 1 August 2015.
(iv) On 30 June 2020, leased machinery was transferred to Qateel on maturity of lease. The leasing
company was asked to adjust the amount of security deposit against the residual value of Rs.
100,000. The date of commencement of lease was1 July 2015.
Lease rentals paid during the year amounted to Rs. 270,000.
On the date of maturity, the accounting written down value and market value of the machinery was
Rs. 590,490 and Rs. 800,000 respectively.
(v) During the year, a warehouse was constructed for storage of goods at a cost of Rs. 1,040,000. No
accounting depreciation has been recorded on it.
(vi) Tax depreciation for the tax year 2019 without considering the effect of para (iv) and (v) above,
amounted to Rs. 1,560,000.
(vii) Advance income tax paid during the year amounted to Rs. 480,000. .
Required:
Under the provisions of the Income Tax Ordinance, 2001 and Rules made there under computer the total
income, taxable income and net tax payable by or refundable to QE for the year ended 30 June 2020.
Note:
Ignore minimum tax under section 113.
Show all the relevant exemptions, exclusions and disallowances.
Purchase Sale
Gain/(loss)
Price Price Rupees
Date Date
Rupees Rupees
Shares of a listed company 10/12/18 350,000 30/06/20 200,000 (150,000)
Shares of an unlisted company 15/07/18 500,000 30/11/19 900,000 400,000
Jewellery 15/05/18 750,000 20/12/19 1,400,000 650,000
Sculpture 01/07/18 400,000 31/01/20 300,000 (100,000)
Shares of a private limited company 01/01/20 1,300,000 15/02/20 1,200,000 (100,000)
Required:
Discuss the treatment and the implications of each of the above transactions under the Income Tax
Ordinance, 2001. Give brief reasons to support your conclusion.
33 SALEHA
Saleha is a resident person. She disposed of the following assets during the tax year 2020.
(i) A painting which she inherited from her father was sold for Rs. 1,250,000. The market value of the
painting at the time of inheritance was Rs. 1,550,000. The painting was purchased by her father
for Rs. 1,000,000.
(ii) She sold jewellery for Rs. 2,300,000 which was purchased by her husband in March 2017 for Rs.
1,300,000 and gifted to her on the same date.
(iii) She disposed of her car for Rs. 1,800,000. The car was being used for the purposes of her
business. The tax written down value of the car at the beginning of tax year 2020 was Rs.
1,600,000. The rate of depreciation for tax purposes is 20%.
(iv) On 20 October 2019 she sold a dining table to Faheem for Rs. 18,000, which she had purchased
on 15 May 2017 for Rs. 15,000 for her personal use.
Required:
Under the provisions of the Income Tax Ordinance, 2001, discuss the taxability of each of the above
transactions in the context of capital gain/loss.
(iii) Gifts and donations include gifts to clients, gift to her son and donation to Edhi Foundation
amounting to Rs. 100,000, Rs. 50,000 and Rs. 250,000 paid through crossed cheques
respectively.
(iv) A vehicle was obtained solely for official purposes on operating lease, from a bank. The
lease commenced on 1 March 2020. Lease charges include Rs. 500,000 paid as security
deposit to the bank.
(v) The professional fee includes an amount of Rs. 150,000 paid to a legal firm for defending a
law suit filed against Ms. Beena, in a family court.
(vi) Ms. Beena lives in an apartment situated above her office, and two-fifths of the total property
expenses relates to this apartment.
(vii) Other expenses include an amount of Rs. 150,000 paid for Ms. Beena’s golf club
membership, which she exclusively used to promote her business interests. The payment
to the club was made in cash.
Required:
Compute the taxable income, tax liability and tax payable by Ms. Beena Sikandar for the tax year 2020.
Ignore Minimum Tax provisions. Provide appropriate comments on the items appearing in the notes which
are not considered by you in your computations.
Particulars Rupees
He is also provided with a 1,000 CC. car valuing Rs 1,200,000, which is partly used for company's
business. He has also been granted a housing loan of Rs. 550,000 on which no profit/interest has
been charged.
In addition to above, he also received a gratuity of Rs. 75,000 from his previous employers during
the year. The gratuity fund is not approved by the Commissioner of Income Tax or FBR.
Tax deducted at source from his salary amounted to Rs. 150,000.
Repairs 30,000
He received a deposit of Rs. 2,000,000, not adjustable against rent, out of which he refunded Rs.
1,000,000 to previous tenant, 'who vacated the house after 3 years' tenancy.
(iii) Other Income Rupees
Profit on PLS Bank account (net of 10% withholding tax) 9,000
Commission from Sale of plots (net of 10%withholding tax) 18,000
Lecturing and examination services fees from
Professional institutes 20,000
Required:
As a tax consultant you are required to compute Mr. Musaddique's total income and his income tax liability
for the tax year 2020 (ignore minimum tax u/s 153 application, if any).
40 MR. A. D. CHUGHTAI
Being a Tax Consultant you have been provided with the following information in respect of Mr. A. D.
Chughtai, a Senior Manager of a local company for the period 1st July. 2019 to 30th June, 2020 (Tax
Year, 2020):
Rupees
Basic pay/wages 2,100,000
House rent 600,000
Medical allowance 100,000
Cost of living allowance 70,000
Utilities 60,000
Servant allowance 30,000
Bonus 210,000
Company car 1300 CC valuing Rs.1,800,000
(Partly used for company's business)
Leave fare assistance 50,000
Employer's contribution to provident fund 80,000
Employer's contribution to pension fund 80,000
Income tax deducted u/s 149 100,000
In addition to the above you have been provided with the following data:
(I) Dividend income 30,000
(withholding tax deducted Rs. 3,000, Zakat deducted Rs. 750)
(ii) Profit on PLS Account 50,000
(withholding tax deducted Rs: 5,000; Zakat deducted Rs. 1,250)
(iii) Professional fee received 50,000
(iv) School Fee paid for two children 200,000
(Receipts show National Tax Number)'
(v) Legal expenses (consultant fee) 60,000
(Receipt show National Tax Number)
(vi) There is no time scale for this position.
Required:
Work out the taxable income and tax liability of Mr. A. D. Chughtai for the tax year 2020 (ignore minimum
tax liability on professional fee.)
41 MR. HYDER
Mr. Hyder is the legal representative of his deceased uncle since January 5, 2020 and manages his
estate worth Rs. 10 million approximately. On August 10, 2020, he received two notices from the income
tax department requiring him to:
Submit details of his uncle’s income for the tax year 2016.
Make payment of Rs. 12 million against his uncle’s income for the tax year 2013 and 2014.
Required:
(a) Advise Mr. Hyder about the extent of his tax liability in respect of the income earned by his uncle
before January 5, 2020. Also advise him about his obligations relating to the tax assessment
proceedings pending/arising against his uncle.
(b) List the situations referred to in Income Tax Ordinance, 2001 where expenditure is required to be
apportioned for the purpose of claiming a deduction.
42 DONATION
Mr. Qamar intends to donate an amount of Rs. 10 million to certain educational and welfare institutions.
In your capacity as his tax consultant, explain the tax relief which may be available for tax year 2020 in
respect of such donation and the conditions he must fulfil to avail such relief.
43 MR. ZAMEER ANSARI
Mr. Zameer Ansari is working as a Chief Executive Officer in Wimpy (Private) Limited (WPL).
Following are the details of his income / receipts during the tax year 2020:
(a) His monthly cash remuneration in WPL is as follows:
Rupees
Basic salary 200,000
Medical allowance 30,000
Utilities allowance 10,000
(b) In addition to the above, he was also provided the following benefits in accordance with his terms
of employment:
(i) Medical insurance for hospitalization and surgery, limited to Rs. 1,500,000 per annum.
(ii) Payment of his child’s school fees of Rs. 15,000 per month. The fee is deposited directly
into the school’s bank account.
(iii) Rent free furnished accommodation on 1000 square yards. The accommodation is located
within the municipal limits of Karachi.
(iv) Two company-maintained cars. One of the cars was purchased by WPL for Rs. 3,000,000
and is exclusively for his business use. The second car was obtained on lease on February
1, 2014 and is used partly for official and partly for personal purposes. The fair market value
of the leased vehicle at the time of lease was Rs. 1,800,000.
(v) Leave encashment amounting to Rs. 100,000 was paid to Mr.Zameer on July 5, 2020.
(vi) An amount equal to one basic salary was paid by WPL to an approved pension fund.
(c) Mr. Zameer had received 15,000 shares of WPL on December 1, 2017 under an employee share
scheme. He had the option to transfer the shares on or after January 1, 2021. However, he sold
all the shares on April 1, 2020. Fair value of the shares was as follows:
Rs. 35 per share on December 1, 2017
Rs. 42 per share on January 1, 2019
Rs. 48 per share on April 1, 2020
(d) An apartment owned by Mr. Zameer was rented on July 1, 2019 to Mr. Abdul Ghaffar at a monthly
rent of Rs. 22,000. He received a non-adjustable security deposit of Rs. 150,000 which was partly
used to repay the non-adjustable security deposit amounting to Rs. 90,000 received from the
previous tenant in July 2017. He also incurred Rs. 20,000 on account of repairs to the apartment.
(e) He earned profit amounting to Rs. 75,000 on fixed deposit account maintained with a bank. The
bank withheld income tax amounting to Rs. 7,500 and Zakat amounting to Rs. 2,500.
(f) Tax deducted at source from his salary, amounted to Rs. 250,000.
Required:
Compute the taxable income, tax liability and tax payable by Mr.Zameer Ansari for the tax year 2020.
44 MS. SAIMA
Ms. Saima is a telecommunication engineer working with a leading GSM operator as their chief technical
officer for the last many years. She has provided you with the following information relating to her
assessment for the year ended June 30, 2020.
(i) Monthly salary of Rs. 500,000 was paid to her by the company consisting of the following:
Rupees
Basic salary 400,000
Medical allowance 40,000
Conveyance allowance 60,000
The salary was credited to her bank account on the 25th of every month. She incurred actual
medical expenses of Rs. 100,000 during the year. These expenses were reimbursed to her by the
company in accordance with the terms of her employment.
(ii) Due to her excellent performance, she received a bonus of two month’s basic salary during the last
month of tax year 2020.
(iii) Apart from her employment with a GSM operator, she also served as a visiting faculty member at
a local engineering university and received a total of Rs.522,222. Ms. Saima incurred an
expenditure of Rs. 70,000 towards this service.
(iv) In August 2019, she participated and won a quiz competition arranged by Pakistan Urdu Academy.
The prize money of Rs. 200,000 was paid to her after deduction of a tax of Rs. 40,000.
(v) She inherited a plot of land from her father on his death in July 2002. On October 1, 2019 she
entered into a contract of sale with Mr. Moin for a consideration of Rs. 50.0 million. Mr. Moin paid
a deposit of Rs. 1.0 million and agreed to pay the balance within one month of the date of contract.
On due date, Mr. Moin defaulted in making the payment upon which Ms. Saima forfeited the deposit
in accordance with the terms of the contract. Later on, the plot was sold to Mr. Parkash at a price
of Rs. 50.0 million on 1 August, 2020.
(vi) Ms. Saima purchased another plot of land for a consideration of Rs. 56 million. She borrowed Rs.
5.0 million from her sister for the purchase of this plot. The amount was received in cash.
(vii) Ms. Saima also inherited a painting from her father on his death in July 2002. The painting was
valued at Rs. 500,000. On April 1, 2020 she sold the painting for Rs.1.0 million.
Required:
Compute the taxable income of Ms. Saima for the tax year 2020. Give brief reasons under the Income
Tax Ordinance, 2001 in support of your treatment of each of the above items.
45 MR. BILAL
Mr. Bilal, a sole proprietor, had been filing his income tax returns and wealth statements for many years.
He was not satisfied with his tax advisor and has appointed you as his consultant. He has asked you to
review his returns for the past five years also.
On review of the wealth reconciliation for tax year 2020, it was noticed that Mr. Bilal borrowed Rs. 1
million from his friend who is a foreign national. The amount was received in cash while his friend was on
a visit to Pakistan and is still outstanding.
Required:
Advise Mr. Bilal about the tax implications, in each of the above situations.
46 MR. FAISAL
Mr. Faisal is a resident taxpayer and has been providing consultancy services to local and foreign clients
since 2009. A friend has informed him that under the Income Tax Ordinance, 2001 he can claim a tax
credit against any foreign income tax paid by him on his foreign source income.
Required:
Explain the provisions of the Income Tax Ordinance, 2001 pertaining to foreign tax credit available to a
resident taxpayer for the tax year 2020.
120,000
Bad debts recovered were disallowed by the tax department in the previous year when it was
claimed as bad debt expense.
(e) Analysis of the liabilities reveals that the following amounts are outstanding for more than 3 years:
(f) Mr. A claimed property related expenses of Rs.56,000 including actual repairs expense of
Rs.16,000.
Required:
Calculate taxable income of AOP, share of profit of each partner and tax payable by Mr. A for the tax year
2020.
48 AB & CO.
AB & Co. is a registered firm; having 2 partners viz; A and B, sharing profit and loss equally. The net
profit of the firm for the tax year 2020 was Rs.600,000 after accounting for the following disbursements
to partners:
A B
Rs. Rs.
(a) Salary per month 50,000 25,000
(b) Monthly house rent 20,000 10,000
(c) Hotel bills 5,000 5,000
Other information relating to accounts is as under:
(i) Commission of Rs.50,000 paid to a non-resident on which tax was not deducted at source.
(ii) A vehicle was sold for Rs.1,200,000. WDV as per books was Rs.800,000 but as per tax records, it
was Rs.600,000.
(iii) Manager of the firm has been paid basic salary of Rs.20,000 p.m, conveyance allowance of
Rs.5,000 and house rent allowance of Rs.10,000 p.m.
(iv) Partners have declared the following income from their own sources:
A B
Rs. Rs.
Gain on public listed companies' shares holding period more than 200,000 150,000
a year but less than two years.
Required:
(i) Compute the taxable and divisible income of the firm.
(ii) Work-out the taxable income of each partner.
(iii) Compute tax liability of each partner
49 MS. HAMEEDA
(a) In May 2020 Ms.Hameeda sold certain personal assets at the following prices:
Rupees
Plot in DHA Karachi 10,000,000
Paintings 2,000,000
Jewellery 5,000,000
Additional information:
(i) Plot in DHA Karachi was inherited by her from her father in May 2010. It was purchased by
her father for Rs. 4,000,000 and market value at the time of inheritance was Rs. 5,000,000.
(ii) Paintings were inherited from her mother in July 2015. These paintings were purchased by
her mother for Rs. 1,000,000 and market value at the time of inheritance was Rs.2,350,000.
(iii) Jewellery costing Rs. 3,000,000 was purchased and gifted to her by her husband in March
2013.
Required:
Discuss the taxability of Ms. Hameeda in respect of the above gains/ losses on sale of assets in
the context of Income Tax Ordinance, 2001.
(b) On 1 July 2019, Ms. Kashmala and Ms. Shumaila formed an Association of Persons (AOP) with
the objective of providing information technology support services to corporate clients. They
contributed Rs. 1.2 million and Rs. 0.8 million respectively in their capital accounts and agreed to
share profits and losses in the ratio of their capitals.
For the year ended 30 June 2019, business loss and unabsorbed depreciation of Rs. 0.4 million
and Rs. 0.3 million respectively were assessed and carried forward. The total turnover of the AOP
in 2019 was Rs. 40 million.
During the year ended 30 June 2020, the AOP incurred a net loss of Rs. 0.8 million on a turnover
of Rs. 50 million. The loss for the year was arrived after adjustment of the following:
(i) Salaries amounting to Rs. 0.5 million and Rs. 0.3 million were paid to Ms. Kashmala and
Ms. Shumaila respectively.
Calculate the taxable income, net tax payable and unabsorbed losses (including unabsorbed
depreciation), if any, to be carried forward by the AOP for the year ended 30 June 2020. Ignore
any working of minimum tax.
50 T & H ENTERPRISES
T & H Enterprises is a registered firm comprising of two equal members named Mr.Tariq and Mr.Hamid.
During the tax year 2020 the partners, besides their shares in the firm, enjoyed income and sustained
losses from the sources given below:
Mr. Tariq Rupees
(a) Income accrued abroad but not remitted to Pakistan 72,000
(b) Share of a loss from another association of person 5,000
(c) Zakat paid 26,500
Mr. Hamid
(a) Speculation loss 25,000
(b) Profit on sale of car 13,000
(c) Income tax refund 5,000
(d) Zakat paid 14,000
The profit and loss account of the registered firm for the year shows the following position:
Rs. Rs.
Salaries 300,000 Gross profit b/d 480,000
Office maintenance 5,000 Dividend from public co. 250,000
Repairs 38,000
Provision for bad debts 14,000
Income tax paid for last year 5,000
Legal expenses 15,000
Commission to Tariq 16,000
Premium of life policies of
Partners 5,000
Depreciation 34,000
Net profit:
Mr. Tariq 149,000
Mr. Hamid 149,000 298,000
730,000 730,000
Notes
(i) Mr. Tariq and Mr. Hamid are paid Rs.45,000 and Rs.55,000 respectively as salary. This is included
in total salary expense.
Rupees
Rental income 2,000,000
Related expenses:
Property tax 40,000
Depreciation 457,500 497,500
Net rental income 1,502,500
(iii) Mr. Sohail earned Rs. 800,000 from another business, of which he is the sole proprietor.
(iv) Mr. Khaled received an amount of Rs. 255,000 as share of income after tax, from another AOP
where he is entitled to 40% of the total profit. The tax on annual income of that AOP amounted to
Rs. 112,500. He also earned income of Rs. 900,000 from a sole proprietorship concern owned by
him.
(v) Mr. Qazi works as a freelance IT Consultant and provides consultancy services to corporate clients.
He received Rs.1,000,000 from his clients. The total expenses incurred in providing the
consultancy services amounted to Rs. 150,000.
Required:
Assuming that the above data pertains to the tax year 2020, compute the taxable income of the AOP and
each of its members. Ignore any minimum tax computation.
52 TAQI AHMED
Taqi Ahmed is working as Director Marketing with Zee Textiles Limited (ZTL) for the last twenty five years.
Details of his monthly emoluments during the year ended 30 June 2020 are as under:
Rupees
440,000
Conveyance allowance 44,000
Medical allowance 44,000
In addition to the above, Taqi Ahmed has provided the following information:
(i) He and his family members are covered under the health insurance policy in accordance with
the terms of employment. The amount of annual premium paid by ZTL was Rs. 200,000.
(ii) During the year, daily allowance of Rs. 400,000 was received to meet the expenses for working
on assignments at ZTL’s factories located in Lahore and Multan.
(iii) On 31 July 2020, the HR Committee approved a performance bonus for all employees for the
year ended 30 June 2020. Taqi received Rs. 1,200,000 as performance bonus on 15 August
2020.
(iv) On 31 March 2020, in recognition of completion of twenty five years of his service with ZTL, the
board of directors approved to waive the outstanding amount of loan taken by Taqi Ahmed.
This interest free loan of Rs. 2,500,000 was taken on 1 January 2017 and was repayable in fifty
equal monthly instalments commencing from May 2017. The prescribed benchmark rate is 10%
per annum.
(v) During the year, he received Rs. 100,000 for attending board meetings of ZTL. No tax was
withheld from this amount.
(vi) Amount of tax withheld by ZTL from his salary amounted to Rs. 2,000,000.
Other information relevant to tax year 2020 is as under:
(i) Salary is transferred to the bank account on 10th of the following month.
(ii) 10% annual increase was given to him effective 1st July in each of the last three years.
(iii) Taqi has given his house on rent to his cousin at annual rent of Rs. 1,500,000. The rent was
inclusive of amenities and utilities of Rs. 25,000 per month. However, annual rent for a similar
house with same amenities and utilities, in the vicinity, is Rs. 1,800,000.
(iv) He acquired 15,000 shares of a listed company from Privatization Commission of Pakistan at
a price of Rs. 60 per share on 15 January 2018. He claimed tax credit of Rs.90,000 on such
investment, against the tax payable for the tax year 2018. On 15 June 2020 he sold all the
shares at the rate of Rs. 85 each.
(v) On 31 August 2019, he was entitled to receive 5,000 interim bonus shares from Arian Limited
(AL) a listed company. The market value of these shares on that date was Rs. 22 per share.
(vi) He also received Rs. 150,000 as cash dividend declared by AL. The share registrar incorrectly
treated Taqi as non ATL individual and deducted 30% withholding tax accordingly.
Required:
Under the provisions of the Income Tax Ordinance, 2001 and Rules made there under computer under
correct head of income, the total income, the taxable income and net tax payable by or refundable to Taqi
Ahmed for the year ended 30 June 2020.
53 MUSHTAQ ENTERPRISES
Mushtaq is a sole proprietor of Mushtaq Enterprises (ME) engaged in the business of manufacturing of
different products. ME’s profit and loss account shows profit before taxation of Rs. 1.8 million for the year
ended 30 June 2020. A review of ME’s records has revealed the following information.
(i) ME employs five salesmen. Rs. 22,000 per month were paid to each salesman in cash which
includes reimbursement of Rs. 6,000 per month incurred on entertainment of customers at the
business premises.
(ii) Administrative expenses include Rs. 150,000 which were paid to a research institute in China for
the purpose of developing a new product.
(iii) Accounting loss on the sale of patents was Rs. 65,000. The tax written down value of these
patents at the beginning of the year was Rs. 430,000 and these were sold for Rs. 524,000.
Amortization charged to the profit and loss account on these patents for the current year was Rs.
25,000.
(iv) Receivables from Atif and Aslam which had been written off in the previous year were recovered.
Details are as follows:
Atif Aslam
------ Rupees ------
Claimed bad debts in last tax return 800,000 1,200,000
Allowed by tax authorities last year 550,000 600,000
Amount recovered during the year 700,000 400,000
(v) ME has opened a sales office in Dubai. In this respect, furniture costing Rs. 850,000 with written
down value (WDV) of Rs. 650,000 was shifted to Dubai office. The tax WDV of the furniture at
the beginning of the year was Rs. 610,000.
(vi) Accounting depreciation for the year is Rs. 580,450. However, no depreciation has been provided
on the following fixed assets purchased on 1 March 2020:
Rupees
Furniture 200,000
Used machinery imported from Germany 500,000
(vii) Tax depreciation for the year, prior to the adjustments mentioned in (vi) above, amounted to Rs.
456,400.
(viii) Advance tax paid u/s 147 was Rs. 200,000.
(ix) The assessed business losses of tax year 2013 brought forward in year 2020 are Rs. 830,000.
These include unabsorbed tax depreciation amounting to Rs. 705,000.
Other transaction of Mushtaq
On 1 June 2020, he sold 6,000 shares for Rs. 432,000 out of 15,000 shares which he received on 1 May
2016, on the death of his father. The fair market value of shares on the date of transfer to Mushtaq was
Rs. 25 per share.
Required:
Under the provisions of Income Tax Ordinance, 2001 and rules made there under, compute taxable
income and net tax payable by or refundable to Mushtaq for the year ended 30 June 2020.
55 Baber – HI FI Limited
Baber is working as General Manger Finance with HI FI Limited (HFL) for the past two years, The details
of his monthly emoluments during the year ended 30 June 2020 are as under:
Rupees
Basic salary 250,000
Medical allowance 28,000
House rent allowance 120,000
56 LONE TRADERS
Lone Traders (LT), a sole proprietorship, is engaged in the business of buying and selling of Maize and
Wheat in bulk quantities. Following information has been extracted from LT’s records for the year ended
31 December 2019:
i. Wheat sold to food companies in Punjab amounted to Rs. 13,000,000. The sale was made after
allowing discount of Rs. 680,000 to some of the new customers. The gross profit margin was
25% on gross sales
ii. LT paid Rs. 600,000 to a research institute for the development of a formula which is likely to
improve the quality of wheat it purchases from the growers.
iii. In August 2019, LT signed a future contract with Mubarak Enterprises (ME) for the purchase of
500 metric tons of maize at Rs. 15,800 per metric ton. The delivery was expected to be made
in October 2019. ME also agreed to repurchase the entire lot at the price prevailing on the date
of sale.
iv. In October 2019 price of maize increased to Rs. 18,240 per metric ton and LT sold the entire
lot to ME without taking delivery.
v. LT incurred expenditure of Rs. 25,000 in respect of above future contract.
vi. Administrative, selling and distribution expenses amounted to Rs. 2,500,000. These included
a penalty of Rs. 45,000 which was imposed due to late payment of sales tax on wheat.
vii. Assessed losses brought forward from previous year were as follows:
Rupees
Trading business loss 550,000
Speculation business loss 300,000
Capital loss 250,000
Required:
Under the provisions of the Income Tax Ordinance, 2001 and Rules made there under, compute LT’s
taxable income/(loss) and the amount of loss to be carried forward, if any, for tax year 2020.
Rupees
Sales 30,000,000
Cost of sales (20,500,000)
Gross profit 9,500,000
Administrative and selling expenses (4,732,000)
Financial charges (980,000)
Other income 1,700,000
Profit before taxation 5,488,000
Additional information:
Cost of sales includes:
(i) Closing stock which has been valued at net realizable value of Rs. 1,820,000. The cost of closing
stock under absorption costing was Rs. 1,950,000.
(ii) Provision of Rs. 75,000 against slow moving stores and spares.
(ii) Freight charges of Rs. 160,000. These were paid in cash to Momin Goods Transport for
transporting goods to customers in Multan.
Administrative and selling expenses include:
(i) Commission of Rs. 290,000 paid to Baqir, annual performance award of Rs. 310,000 paid to Rahi
and Rs. 455,000 paid to AB Bank Limited in final settlement of a loan obtained by Asad for the
construction of his house in Muree.
(ii) Provision for bad debts of Rs.735,000. The opening and closing balances of provision for bad debts
amounted to Rs. 1,100,000 and Rs.1,435,000 respectively. Bad debts written off include a loan of
Rs. 280,000 provided to a supplier.
(iii) Sales promotion expenses of Rs. 275,000. These expenses were paid by Rahi through his personal
credit card.
(iv) Rs. 86,000 paid to an institution operated by Federal Government for the training of industrial
workers in Punjab.
Further information:
For the year ended 31 December 2019 Dubai branch made a profit of Rs. 1,500,000 and Tehran branch
made a loss of Rs. 1,800,000. These figures are not included in the above profit and loss account.
Required:
Under the provisions of the Income Tax Ordinance, 2001 and Rules made there under, compute the
taxable income, net tax payable by BAR and the amount to be carried forward, if any, for tax year 2020.
Assume tax and accounting depreciation is same.
Note:
Your computation should commence with the profit before tax figure of Rs. 5,488,000.
Show all relevant exemptions, exclusions and disallowances.
58 WAJAHAT
Wajahat, aged 48 years, is a marketing manager in Nayaab (Pvt.) Limited (NPL), a company engaged
in the manufacture and supply of tissue papers. The details of his monthly emoluments during the year
ended 30 June 2020 are as under:
Rupees
Basic salary 70,000
Dearness allowance 10,000
Conveyance allowance 8,000
CHAPTER 14 – RETURNS
60 MR. SAMI
Mr. Sami has recently received a notice from the Commissioner of income tax to file return of income for
the tax years 2013 and 2014 within 20 days of receiving the notice. In your capacity as a tax consultant,
advise Mr. Sami on the following issues along with appropriate explanations.
Required:
(i) Is the Commissioner justified in issuing the above notice?
(ii) If Mr. Sami is not in a position to meet the deadline for filing the returns, can he get an extension?
61 MR. ZAHID
Zahid, the sole proprietor of FG and company, is a resident individual and is in the process of filing his
wealth statement for the tax year 2020. The relevant information is as under:
(i) Assets and liabilities disclosed in the wealth statement for the tax year 2019 were as follows:
Rupees
Assets
Agriculture land in Hyderabad 5,000,000
Residential property in DHA Karachi 3,000,000
Investment in shares of listed companies 1,100,000
Business capital – FG & Co. 4,000,000
Motor vehicle 1,540,000
Cash at bank 600,000
Cash in hand 300,000
15,540,000
Liabilities
Bank loan (1,500,000)
Net assets 14,040,000
(iii) Balance of cash in hand and at bank, as on 30 June 2020 amounted to Rs. 157,500
(iv) Transactions carried out by Zahid during the year were as follows:
Paid an advance of Rs. 1,000,000 against purchase of a bungalow for Rs. 10,000,000.
Sold shares of a listed company for Rs. 350,000. The shares were purchased on 1 May
2020 for Rs. 50,000. Capital gain tax collected by NCCPL amounted to Rs. 37,500.
Gifted shares of a listed company to his brother.The shares were purchased by Zahid in
2015 at a cost of Rs. 100,000 whereas market value of the shares at the time of gift was
Rs. 150,000.
Paid Rs. 200,000 towards principal amount of the bank loan.
Personal expenses amounted to Rs. 2,075,000.
Net receipts against agricultural income amounted to Rs. 2,500,000.
Required:
Prepare Zahid’s wealth statement and wealth reconciliation statement for the tax year 2020.
(ii) Expenses incurred under the account head “travel fare” aggregating to Rs. 500,000 were paid in
cash and should be added back.
(iii) The commissioner wants to disallow an expense of Rs. 90.0 million, incurred by PPL on the
promotion of a vaccine which is expected to generate revenue for three years.
Required:
With reference to the provisions of Income Tax Ordinance, 2001 advise the management about the tax
implications in each of the above situations.
CHAPTER 16 – APPEAL
64 MS. ZUBAIDA
(a) In the light of Income Tax Ordinance, 2001, state how a matter would be decided in case of
difference in opinion on any point amongst the members of a Bench constituted by the Chairperson
of an Appellate Tribunal.
(b) Ms. Zubaida has been operating a business as a Wedding Event Planner for past 12 years. She
had filed her complete return for the tax year 2013 on 20 August 2013. On 1 September 2020,
Commissioner Inland Revenue (CIR) served a Show Cause Notice, requiring her to explain certain
receipts which were credited to her account during the tax year 2012.
Ms. Zubaida is uncertain as to whether CIR is empowered to issue such a notice after a lapse of
so many years.
Required:
Advise Ms. Zubaida about the validity of the Show Cause Notice issued by CIR under the Income
Tax Ordinance, 2001.
66 REGISTRATION
(a) Mr. A has recently started his business as a General Order Supplier. His primary task is to provide
the products to the ultimate customer at his door step. He supplied the Shoes worth Rs. 35,000 to
M/s Shoukat Khanum Memorial Hospital and Research Centre during the year 2020 for their
security staff. The hospital has deducted income tax amounting to Rs.1,225 under section 153 of
the Income Tax Ordinance, 2001.
(b) Mr. B opened a shoe shop and his sales during the year were Rs. 5,500,000. He made his
purchases from M/s AGK Distributors.
(c) Mr. C is working for the Service Industries Ltd. He is engaged in the project shoe sales. During the
year, he forwarded orders worth Rs. 25,000,000 to the company. The company directly made the
deliveries according to the orders and paid his commission (@ 5%) amounting to Rs.1,250,000.
(d) Mr. D is running a shoe showroom. He has made sale of shoes of Service Industries worth Rs.
7,500,000. During the year, Mr. D also purchased leather from the market and get it manufactured
from the small shoe makers. The sale proceeds from the said produced goods were Rs. 5,500,000.
(e) Mr. E is running a hotel. In the first year, his sole income was from the hiring of room and his gross
receipts aggregates to Rs. 6,000,000 during the year.
Required:
State whether the above persons are required to be registered under the sales tax laws. If yes,
then in which category (manufacturer, retailer, etc.) and in which scheme of taxation (registration,
services etc.)
67 SALES TAX ACT, 1990
Please state whether or not the following persons are required to be registered under the Sales Tax Act,
1990:
(i) Manufacturer with taxable turnover of Rs.1,000,000;
(ii) Manufacturer with taxable turnover of Rs.5,000,000; and
(iii) Manufacturer with total turnover of Rs.7,000,000 including taxable turnover of Rs.4,500,000.
68 MR. FURQAN
Mr. Furqan intended to commence a manufacturing business and obtained the sales tax registration in
November 2019. Due to unavoidable circumstances, he could not start his business as stipulated. No
sales tax returns were filed since he did not carry on any taxable activity. In April 2020, he received a
notice from the department of Inland Revenue directing him to furnish the return by May 15, 2020.
Required:
Advise Mr. Furqan as regards the following:
(i) Whether he is required to file the sales tax return and the consequences, if any, for non-filing of
such return under the Sales Tax Act, 1990.
(ii) Various reasons on account of which he may be liable for de-registration from sales tax. Also state
briefly, the procedure for de-registration as enumerated under the Sales Tax Rules, 2006.
69 MANUFACTURER
Identify the persons who are considered as manufacturers under the Sales Tax Act, 1990.
1. The aforesaid billing is on gross basis, however, the firm offers discount to its dealers/agents in
accordance with market norms. It is the policy of the company to raise invoice net of discount to
the dealers.
2. The company paid the following input tax in respect of each business:
3. The input sales tax on electricity of manufacturing premises was Rs. 75,000 during the tax period.
4. The input tax relating to garments business includes input tax amounting to Rs. 12,292 levied on
the hotel bills of a meeting held with the foreign customers.
Required:
The management of the company hired your services to know what would be the sales tax liability for
these activities.
Rs.
Note:
(1) All the above figures are exclusive of sales tax paid or recovered.
(2) The owner also took goods worth Rs. 200,000 for his private use.
(3) Purchases include an invoice of Rs. 100,000 dated 27 February, 2020 which was not included in
the sales tax return for February, 2020 due to its late receipt.
(4) Un-adjusted input tax carried forward from last month amounted to Rs. 45,000
Required:
Calculate Sales Tax liability by M/S Safi Electronics for the month of March, 2020.
73 MR. KALEEM
Mr. Kaleem is registered under the Sales Tax Act, 1990 as a manufacturer as well as a commercial
importer. He has provided you the following information for the month of February 2020:
Rs. in million
Purchases
Rs.
Sale of taxable goods to registered persons 20,000,000
Sale of taxable goods to unregistered persons 25,000,000
Less: Trade discount at 10% (2,500,000)
–––––––––––
22,500,000
Exports of goods to Saudi Arabia 18,000,000
Payment for purchases of raw materials for manufacturing
taxable local supplies 42,000,000
Payment for purchases of raw materials for manufacturing of exports 16,000,000
Required:
(a) Calculate the sales tax payable or refundable to Zubair Enterprises Ltd, for the month of June
2020,giving explanations for treatment of:
– the trade discount allowed to unregistered persons;
– the goods given to the Chief Executive;
– the input tax on the machinery purchased for the manufacture of goods meant for export
only; and
– the input tax not claimed in the return for November 2019.
(b) Zubair Enterprises Ltd (ZEL) has made purchases of taxable goods from a registered person but
suspects that the registered person has not paid the tax in respect of these supplies.
(c) State whether the amount of tax unpaid by the supplier can be recovered from ZEL, together with
any actions that the company might take to mitigate any potential liability.
Additional information:
(1) All figures relating to sales of taxable goods are stated exclusive of sales tax.
(2) All payments are stated inclusive of sales tax.
(3) All payments for the purchase of goods and materials have been made by crossed cheque or pay
order or credit card except where otherwise indicated.
(4) In the case of the purchase returns and sales returns, the debit/credit notes have been issued in
conformity with the provisions of Sales Tax Act, 1990.
Required:
Calculate the sales tax payable by or refundable to Sunglow Pakistan Limited for the month of
February, 2020.
76 LEPROC ASSOCIATES
Leproc Associates, a registered person under the Sales Tax Act, 1990 is engaged in the production of
taxable and exempt consumer goods. The business transactions of Leproc Associates for the month of
February, 2020 included the following:
Rupees
Sale of taxable goods to registered persons 6,296,000
Export of goods to Nigeria 5,790,000
Sale of taxable goods to unregistered persons 7,638,500
Less: trade discount at 10% (763,850)
6,874,650
Sale of exempt goods 2,364,000
Payment for purchase of raw materials for
manufacturing of local taxable supplies 10,127,800
Payment for purchase of raw materials for
manufacturing both exempt and taxable supplies 3,945,000
The Chief Accountant informs you that input tax amounting to Rs. 185,700 had inadvertently not
been deducted in the return for the month of January, 2020.
Notes:
(1) All payments are stated inclusive of sales tax.
(2) The figures for sales of taxable goods and export are stated exclusive of sales tax.
(3) The trade discount on the sale of taxable goods to unregistered persons is stated on the face of
the invoice and the rate of the discount is in accordance with normal business practice.
Required
Calculate the sales tax payable by or refundable to Leproc Associates for the month of February, 2020.
78 MR. YOUSHA
Mr. Yousha, a registered person under the Sales Tax Act, 1990, is carrying on business in the name of
Yousha Associates. Ms. Yousha is informed by his chief accountant that a credit note has to be issued
to a debtor in respect of an invoice issued on 30 June 2019. The chief accountant intends to issue the
credit note in the month of January 2020.
Required:
State, giving reasons, whether or not you are in agreement with the chief accountant’s proposal to issue
the credit note in the month of January 2020.
79 FOLAD LTD (FL)
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
(a) 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.
Rs. in ‘000
Purchases:
Local:
components from registered suppliers 70,700
components from un-registered suppliers 15,250
Supplies:
Manufactured goods:
local taxable supplies to registered persons 40,000
local taxable supplies to un-registered persons 24,000
exempt goods 11,000
export to Malaysia 13,000
Required:
(a) Sales tax payable / refundable.
(b) Input tax credit to be carried forward, if any.
Rs. in ‘000’
Supplies
Manufactured goods
Local – taxable goods 22,000
Local – exempt goods 3,000
Exports 5,000
Purchases
Local purchases of raw material 8,000
Import of raw material 17,000
Rs. in ‘000
Purchases:
Import of raw material for in-house consumption 15,000
Packing material manufactured locally 6,000
Supplies:
Manufactured products:
- Local sales 20,000
- Exempt goods 4,000
- Export to Bangladesh 4,000
83 MR. INSAF
Mr. Insaf, the executive director of Super Tech (Pvt.) Ltd, a company engaged in the manufacture and
sale of electronic goods, has reviewed the sales tax return for the month of May 2020, in place of its
director finance, who is currently on leave. During the review he noticed that certain input tax has not
been claimed by the company. He is of the opinion that all input tax paid by the company should be
available for adjustment. You are required to clarify the following matters in the light of Sales Tax Act,
1990.
Required:
(i) The conditions that need to be satisfied for the adjustment of input tax against the output tax liability
and the remedy available to the company if it fails to adjust the input tax in the period in which it is
paid.
(ii) Identify the circumstances in which input tax is not allowed to be adjusted against the output tax
liability.
84 MR. RIZWAN
(a) State the situations when a registered person shall not be entitled to claim or deduct input tax under
the Sales Tax Act, 1990.
(b) Mr.Rizwan, a sales tax registered person, is carrying on business in the name of Rizwan
Enterprises. On August 15, 2019, he sold certain goods to his customer against which he intends
to issue a credit note in the month of March 2020.
Required:
Explain whether Mr. Rizwan can issue the credit note in the month of March 2020, under the Sales
Tax Rules, 2006.
(c) Explain the provisions of Sales Tax Act, 1990 with regard to the following:
(i) Change in rate of tax during a tax period
(ii) Excess tax collected from the customer
85 ZERO RATING
(a) Identify the goods that shall be charged at the rate of zero per cent under the Sales Tax Act, 1990.
(b) List the situations in which the type of goods identified in (a) above would not be eligible for zero
rating.
86 MS. ZAINAB
Zainab is registered under the Sales Tax Act, 1990 and is engaged in the manufacture and supply of
Products A and B. Following information has been extracted from her records for the month of February
2020:
Product A Product B
Rupees
Supplies
Local supplies 5,350,000 1,010,000
Exports to Thailand 2,550,000 3,950,000
Purchases
Local materials from registered persons 6,000,000
Local materials from unregistered persons 850,000
Additional information:
(i) Product A is exempt from the charge of sales tax.
(ii) Sales tax credit brought forward from previous month amounted to Rs. 262,500.
(iii) Substandard supplies worth Rs. 150,000 were returned to the registered vendors and proper debit
and credit notes were issued.
(iv) An invoice dated September 3, 2018 amounting to Rs. 100,000 had not been claimed
inadvertently. This oversight was detected in the month of February 2020.
(v) Sales tax is payable at the rate of 17%. All the above amounts are exclusive of sales tax.
Required:
In the light of Sales Tax Act, 1990 and rules made there under, calculate the following for the month of
February 2020:
(a) Sales tax payable / refundable
(b) Input tax to be carried forward, if any
Rupees
Purchases
Local material:
From registered suppliers 15,000,000
From un-registered suppliers 8,000,000
Supplies
Manufactured goods
Local taxable supplies to registered persons 10,000,000
Local taxable supplies to un-registered persons 3,000,000
Export to Taiwan 10,000,000
Exempt goods 2,000,000
89 FAIZ ASSOCIATES
Faiz Associates (FA) is a partnership concern and registered under the Sales Tax Act, 1990 as
manufacturer-cum-distributor.
Following information has been provided by FA for the month of January 2020:
Supplies Rupees
Taxable goods to registered customers 3,450,000
Taxable goods to un-registered customers 1,000,000
Consumable goods supplied on PIA’s international flight 500,000
Export 700,000
Purchases
Taxable goods from registered suppliers 2,000,000
Taxable goods from un-registered suppliers 450,000
Exempt goods from registered suppliers 600,000
Input tax brought forward from December 2019 265,000
Additional information:
(i) Supply of taxable goods to registered customers include the following:
Goods amounting to Rs. 80,000 sold to Hafiz Brothers (HB) on 31 January 2020. HB started
business in January 2020 and had filed an application for registration under the Sales Tax
Rules 2006 on 30 January 2020. However, no sales tax registration number was issued till
31 January 2020.
Goods having market value of Rs. 600,000 which were supplied to Parveen Limited, an
associated company, for Rs. 500,000.
An invoice erroneously issued for Rs. 450,000 whereas the correct amount of the invoice
was Rs. 540,000.
Sale to Ghalib Corporation of goods worth Rs. 225,000. The contract for sale has been
signed but neither invoice was issued nor any delivery and payment was made in January
2020.
90 CYMA ASSOCIATES
Cyma Associates (CA) is registered under the Sales Tax Act, 1990, as manufacturer-cum-distributor-
cum-retailer. Following information has been extracted from its records for the month of August 2019:
Supplies Rupees
Taxable goods to registered persons 15,000,000
Taxable goods to unregistered persons 2,800,000
Exports 1,500,000
Exempt supplies 1,700,000
Purchases
Taxable goods from registered suppliers 20,000,000
Taxable goods from unregistered suppliers 1,800,000
Exempt goods from registered suppliers 400,000
Fixed assets (machinery) from a registered supplier 1,000,000
91 SAMAAJ ASSOCIATES
Sammaj Associates (SA) is registered under the Sales Tax 1990 and is engaged in the business of
manufacturing, trading and export of electronic, chemical and other consumer goods, Following
information has been extracted from SA’s records for the month of August 2019:
Rupees
Supplies:
To registered persons 2,500,000
To un-registered persons 875,000
To person registered as exporter 625,000
Purchases:
Raw material from registered persons 930,000
Finished goods from un-registered persons 725,000
Packing material from registered persons 510,000
Local machinery from un-registered person 360,000
Import-finished goods 472,000
Packing material from registered persons include material worth Rs. 150,000 which was used for packing
electric motors. On 31 August 2019 these motors were still part of SA’s unsold stock.
Following transactions pertaining to August 2019 are not included in the above table:
(i) Sales tax of Rs. 70,000, Rs. 45,000 and Rs. 68,000 was paid in cash on electricity, gas and
telephone bills respectively.
(ii) SA purchased high quality cables and wires worth Rs. 250,000 from a registered supplier for the
installation of local machinery purchased from un-registered suppliers.
(iii) Three cartons of imported shampoo, falling under third schedule, were supplied to un-registered
distributors at a price of Rs. 11,000 per carton. The distributors normally supply such shampoo to
retailers at a price of Rs. 135,000 per carton.
(iv) Five electric kettles worth Rs. 75,000 were purchased for use in the offices of factory manager and
first line-supervisors of production workers.
(v) On 5 August 2019 SA received advance of Rs. 600,000 against supply of electric shavers of Bari
Electronics. SA agreed to deliver the goods in September 2019.
(vi) On 25 August 2019 SA issued discount coupons worth Rs. 450,000 its customers for participating
in grand annual sales exhibition to be held in December 2019.
Other related information is as under:
(i) On 10 February 2019 SA purchased liquid nitrogen worth Rs. 300,000 from Mughal Chemical (MC),
a registered supplier, on credit. On 15 August 2019 SA paid the outstanding amount to MC by way
of a crossed cheque drawn on SA’s bank account.
(ii) In April 2019 SA inadvertently charged sales tax of Rs. 58,000 instead of Rs.85,000 on supply of
chemicals to one of its registered customers. So far, SA has not obtained permission from the
commissioner Inland Revenue for revision of return.
(iii) In July 2019 SA claimed Input tax of Rs. 80,000 on purchase of hydrochloric acid from JB Traders.
The supplier has not yet deposited the amount of sales tax collected from SA in Government
treasury.
In July 2019 the excess of input tax over output tax amounted to Rs. 20,000. Whereas, unadjusted input
tax in excess of 90% of output tax amounted of Rs 10,000.
All the above figures are exclusive of sales tax, wherever applicable, Sales tax is payable at the rate of
17%
Required:
Under the provisions of the Sales Tax Act, 1990 and Rules made there under, compute the amount of
sales tax payable by or refundable to SA and the amount of sales tax to be carried forward, if any, for the
tax period August 2019.
92 MULAQAT ASSOCIATES
Mulaqat Associates (MA), an association of persons, is registered under the Sales Tax Act,1990 and is
engaged in the business of manufacture and distribution of various products. Following information has
been extracted from MA’s records for February 2020:
Supplies Rupees
Jet fuel to Pak Airways proceeding to Oslo 800,000
Taxable goods to registered customers 500,000
Taxable goods to un-registered customers 375,000
Purchases
Taxable goods from registered suppliers 650,000
Taxable goods from un-registered suppliers 150,000
Exempt goods from registered suppliers 100,000
Imports – raw material 280,000
(iii) MA purchased 150 bags of cement, covered under Third Schedule, for the construction of a
bungalow for managing partner. Cement was purchased at the wholesale price of Rs. 400 per bag.
However, the retail price was Rs. 500 per bag.
(iv) Advance of Rs. 268,000 was made to Nomi Corporation for the purchase of packing materials.
(v) Taxable goods to un-registered customers include goods worth Rs. 200,000 sold to cottage
industry in Bela. The rest of the goods were sold to educational institutions in Zhob.
(vi) On 15 February 2020 MA signed an agreement with Bali Traders(BT), a registered customer, for
the sale of goods worth Rs. 290,000. On 20 February 2020 the goods were made available to BT.
However, BT took the delivery of goods on 5 March 2020.
(vii) MA sold goods worth Rs. 52,000 to one of its customers on two months credit. The amount was
inclusive of 4% mark-up.
(viii) MA distributed free samples of one of its new detergents Zeta among corporate clients. The value
of these samples amounted to Rs. 65,000.
(ix) MA issued a debit note of Rs. 35,000 to Hali Brothers to rectify a mistake in MA’s sales invoice.
The invoice was originally raised in November 2019.
(x) On 1 February 2020 MA sold 4,000 packs of a new caramel ice cream, covered under Third
Schedule, at a discounted price of Rs. 100 per litre pack. The retail price of the ice cream was Rs.
160 per litre pack.
(xi) Sales tax credit brought forward from January 2020 amounted to Rs. 245,000. This amount was
inclusive of input tax of Rs. 120,000 paid on a chemical which could not be used before the expiry
date and was consequently destroyed in February 2020.
All the above figures are exclusive of sales tax, wherever applicable. Sales tax is payable at the rate of
17%.
Required
Under the provisions of the Sales Tax Act, 1990 and Rules made there under, compute the amount of
sales tax payable by/refundable to MA and the amount of sales tax to be carried forward, if any, for the
tax period February 2020.
Note: show all relevant exemptions, exclusions and disallowances.
B
Principles of Taxation
SECTION
Objective test and
long-form answers
CHAPTER 1 – SYSTEM OF TAXATION IN PAKISTAN
1 DIRECT AND INDIRECT TAXATION
Federal taxes in Pakistan like most of the taxation systems in the world are classified into two broad
categories, viz., direct and indirect taxes. A broad description regarding the nature of administration of
these taxes is explained below:
DIRECT TAXES
A tax which is paid directly by an individual or organization to the imposing entity. A taxpayer pays a direct
tax to a government for different purposes, including property tax, income tax or taxes on assets.
Income Tax
Direct taxes primarily comprise of Income Tax Ordinance, 2001. In the Income Tax Ordinance, 2001, tax
is levied on the gross income such as Salary or net income such as Income from Business, of a taxpayer
earned during a tax year computed by applying the specified tax rates as applicable to respective
taxpayer.
For the purpose of the charge of tax and the computation of total income, all income is classified under
the following heads:
Salary
Income from property
Income from business
Capital gains; and
Income from other sources
INDIRECT TAXES
An indirect tax is a tax collected by an intermediary (such as a retail store) from the person who bears
the ultimate economic burden of the tax (such as the consumer). The term indirect tax is contrasted with
a direct tax which is collected directly by government from the persons (legal or natural) on which it is
imposed. Some commentators have argued that "a direct tax is one that cannot be shifted by
the taxpayer to someone else, whereas an indirect tax can be”.
Following are the indirect taxes under the Pakistani Taxation System.
Customs Duty
Goods imported and exported from Pakistan are liable to rates of Customs duties as prescribed in
Pakistan Customs Tariff. Customs duties in the form of import and export duties constitute a major part
of the total tax receipts. The rate structure of customs duty is determined by a large number of socio-
economic factors. However, the general scheme envisages higher rates on luxury items as well as on
less essential goods. The import tariff has been given an industrial bias by keeping the duties on industrial
plants and machinery and raw material lower than those on consumer goods.
Sales Tax
Sales tax is levied at various stages of economic activity at the rate of 17% on:
All goods imported into Pakistan, payable by the importers;
All supplies made in Pakistan by a registered person in the course of furtherance of any business
carried on by him;
There is an in-built system of input tax adjustment and a registered person can make adjustment
of tax paid at earlier stages against the tax payable by him on his supplies. Thus, the tax paid at
any stage does not exceed 17% of the total sales price of the supplies.
2 REVENUE AND NON-REVENUE OBJECTIVES OF TAXATION
Higher taxes on import of luxury goods Reduction in imports of unnecessary goods and
create good balance of trade (non-revenue)
3 TAX STRUCTURES
There are broadly three different tax structures;
i. Proportionate / Flat Tax
A tax system that requires the same percentage of income from all taxpayers regardless of their
earnings. For instance, if a tax is levied at 10% per annum, a person earning Rs.100,000 will be
responsible to pay Rs.10,000 in taxes. Similarly, a person who earns Rs.500,000 p.a will be
responsible to pay Rs.50,000 in taxes.
ii. Regressive tax
It is a tax imposed in such a manner that the tax rate decreases as the amount subject to
taxation increases. This tax takes a larger percentage from a person’s low-income than from
another person’s high-income. This means that it hits lower-income individuals harder.
iii. Progressive tax
A tax that takes a larger percentage from high-income earners than it does from low-income
earners. In other words, the more one earns, the more tax he would have to pay. The tax amount
is proportionately equal to someone’s status in the society. A rich man should pay more than a poor
man. For instance, if a person earns Rs.2,000,000 in a tax year, with a progressive tax rate of 10%,
he would be responsible for paying Rs.200,000. Meanwhile, another person, who earns
Rs.5,000,000 in a tax year, may be taxed at 20%, which totals Rs.1,000,000 per year in taxes.
Tax structure prevailing in Pakistan
There are two different tax cultures that is prevalent in Pakistan;
i. Flat rate
This type of structure is usually prevalent in indirect taxes e.g. sales tax or federal excise duty. For
instance, supply of goods in Pakistan would attract 17% of sales tax on the value of taxable goods
that is collected by the seller from a buyer and paid to the Federal Government.
ii. Progressive rate
It is usually prevalent in direct taxes i-e. salary, income from property, income from business, capital
gains and income from other sources. Since, it is directly deposited by the taxpayer to the
government without any intermediary therefore it is termed as direct tax.
4 MAJOR CHARACTERISTICS OF EFFECTIVE TAXATION SYSTEM
i. Tax is an enforced contribution
Tax payment is not voluntary in nature and the imposition is not dependent upon the will of the
person taxed.
ii. Tax is proportionate in character
Payment of taxes should be based on the ability to pay principle; higher income of the tax payer,
the bigger amount of the tax paid.
iii. Tax is levied (to impose; collect) on income, transactions or property
There are taxes that are imposed or levied on acts, rights or privileges.
iv. Tax is levied by the state which has jurisdiction over the person or property
As a general rule, only persons, properties, acts, right or transaction within the jurisdiction of the
taxing state are subjects for taxation.
v. Tax is levied for public purposes
Taxes are imposed to support the government in implementation of projects and programs.
vi. Fiscal adequacy
The sources of revenue taken as a whole should be sufficient to meet the expenditures of the
government, regardless of business, export taxes, trade balances and problems of economic
adjustments.
Taxes on the sales and purchases of goods imported, Sales Tax Act, 1990, Federal
exported, produced, manufactured or consumed, except Excise Act, 2005, Customs Act,
sales tax on services 1969
Taxes and duties on the production capacity of any plant, (Indirect tax)
machinery, undertaking, establishment or installation in lieu
of any one or more of them.
Taxes on the capital value of the assets, not including Capital Value Tax levied through
taxes on immovable property. Finance Act, 1989
(Direct tax)
CHAPTER 3 – ETHICS
8 CANONS OF TAXATION
Canons of Taxation are the main basic principles set to build a 'Good Tax System'. Canons of Taxation
were first originally laid down by economist Adam Smith in his famous book "The Wealth of Nations".
Adam smith only gave four canons of taxation. These original four canons are now known as the "Original
or Main Canons of Taxation". Adam Smith's Four Main Canons of Taxation are:
1. Canon of Equity:
The principle aims at providing economic and social justice to the people. Every person should pay
to the government depending upon his ability to pay. The rich class people should pay higher taxes
to the government, because without the protection of the government authorities (Police, Defence,
etc.) they could not have earned and enjoyed their income. Adam Smith argued that the taxes should
be proportional to income, i.e., persons should pay the taxes in proportion to the revenue which they
respectively enjoy under the protection of the state.
2. Canon of Certainty:
The tax which a person has to pay should be certain, not arbitrary. The tax payer should know in
advance how much tax he has to pay, at what time and in what form the tax is to be paid to the
government. At the same time a good tax system also ensures that the government is also certain
about the amount that will be collected by way of tax.
3. Canon of Convenience:
The mode and timing of tax payment should be as far as possible, convenient to the tax payers. For
example, for an agricultural country, tax is collected at the time of harvest income tax, is deducted at
source. Convenient tax system will encourage people to pay tax and will increase tax revenue.
4. Canon of Economy:
This principle states that there should be economy in tax administration. The cost of tax collection
should be lower than the amount of tax collected. It may not serve any purpose, if the taxes imposed
are widespread but are difficult to administer. Therefore, it would make no sense to impose certain
taxes, if it is difficult to administer.
5 Professional behaviour
Tax practitioners should comply with relevant laws and regulations and should avoid any action
which discredits the profession.
They should behave with courtesy and consideration towards all with whom they come into contact
in their professional capacity.
The deductible allowances which are deducted from total income to arrive at taxable income are given
as under;
Any allowance or part of an allowance for a tax year that is not able to be deducted for the year
shall not be carried forward to a subsequent tax year.
Allowance shall be allowed against the tax liability of either of the parents making payment of the
fee on furnishing national tax number (NTN) or name of the educational institution.
Allowance shall not be taken into account for computation of tax deduction from Salary under
section 149.
12 DEFINITIONS/CONCEPTS
Where the fair market value of any immoveable property of an area or areas has not been
determined by the board in the notification referred as above, the fair market of such
immoveable property shall be deemed to be the value fixed by the district officer (revenue) or
provincial or any other authority authorize in this behalf for the purposes of stamp duty.
13 RESIDENTIAL STATUS
Resident Individual:
Residential status of the following persons for the tax year ended June 30, 2020 under the given
circumstances.
(i) For the tax year ended June 30, 2020, the relevant period is July 01, 2019 to June 30, 2020.
Therefore, the stay of Mr. Mubeen for the purpose of tax year 2020 is:
Month Days
April 2019 30
May 2019 31
June 2019 30
Total 91
Since his stay in Pakistan is less than 183 days in tax year 2020, he is a non-resident for tax
purposes, as he met none of the three pre-conditions specified in section 82 of the ITO, 2001.
(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 2020 is:
Month Days
July 2019 31
August 2019 31
September 2019 30
October 2019 31
November 2019 30
December 2019 29
Total 182
The day he spent in Pakistan on June 30, 2020, while in transit, would not be counted as day of
his presence in Pakistan. Therefore, Mr. Rana total stay in tax year 2020 is less than 183 days.
However, as the total stay in Pakistan in the preceding four tax years is 365 days or more and in
the current tax year his stay is 120 days or more therefore Mr. Rana will become a resident
individual in the tax year 2020.
(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 2020.
(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 2019 i.e. the year starting from
January 01, 2019 to December 31, 2019 (Special tax year 2020) is:
Month Days
July 2019 1
August 2019 31
September 2019 30
October 2019 31
November 2019 30
December 2019 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, 2019 would fall under tax
year 2020. Therefore, 31 days which he spent in January 2020 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 2020 is less
than 183 days and further although his present stay is more than 120 days in tax year 2020 but
he was not in Pakistan, therefore he will become a non-resident individual.
Income subject to separate charge, are the incomes which do not form part of total income or
taxable income and are subject to tax on the basis of gross income.
Section 5, 5A, 5AA, 6, 7, 7A, 7B and 8 of the Income Tax Ordinance, 2001 govern the taxation
of such income and these are:
(i) Dividend
(ii) Tax on undistributed profits
(iii) Tax on return on Investments in sukuks
(iv) Pakistan-source royalty of non-resident
(v) Pakistan-source Fee for technical services of non-resident
(vi) Shipping income of non-resident.
16 MR. MUSHTAQ
COMPUTATION OF TAXABLE INCOME
Residential Status: Resident individual
TAX YEAR 2020
Assumptions / Basis:
(i) Tax credit on Donation is not available as the said amount is paid in cash.
(ii) Interest is not computed as the said loan is less than Rs.1,000,000.
(iii) No deductible allowance on profit on debt which has been computed on the assumption that the
same is not fulfilling the requirements of section 60C of the Income Tax Ordinance, 2001.
Otherwise the same shall be entitled to a deductible allowance subject to conditions, restrictions
and limitations specified under section 60C.
Option 1
Tax on Rs. 4,299,694 [370,000 + (4,299,694 - 3,500,000) x 20%] 529,939
Option 2
Tax on income excluding ex gratia 2,251,394
[Rs.90,000 + (2,251,394 - 1,800,000) x 15%)] 157,709
18 MR. HAYAT
(i) Employee share scheme:
Where shares issued to an employee under an employee share scheme are subject to a restriction
on the transfer of the shares -
No amount shall be chargeable to tax to the employee under the heading “Salary” until the
earlier of:
the time the employee has a free right to transfer the shares; or
The amount chargeable to tax to the employee shall be the fair market value of the shares
prevailing:
at the time the employee has a free right to transfer the shares or
The said amount chargeable to tax will be reduced by any consideration given by the
employee for the shares including any amount given as consideration for the grant of a right
or option to acquire the shares.
The cost of the shares to the employee shall be the sum of:
The consideration, if any, given by the employee for the grant of any right or option to
acquire the shares; and
In the tax year 2018`, no income would be added to Mr. Hayat’s salary as he did not have a right
to transfer the shares.
In tax year 2019, when Mr. Hayat got the option to transfer the shares, the market value was Rs.
20 per share, therefore, Rs. 120,000 (6.000x Rs.20) would be added to his income under the head
“Salary”.
Pension Exempt -
Note:
(1) Pension is an exempt income; therefore, the same is not included in the total income
(2) Tax deducted from dividend income is final discharge of tax liability
(3) Amount of Zakat for deduction cannot be worked out in the absence of value of WAPDA Bonds.
It is assumed that internet personal usage expenses are reimbursed by the employer.
20 MR. MATEEN
Computation of taxable income & tax thereon
Tax Year 2020
SALARY Rupees
Income from ML
185,000
Capital Gain
Sale of share of a listed company – SBI (Rs. 1,000,000 – Rs. 100,000) 900,000
Average Pakistan tax on foreign income i.e. (579,020 / 4,545,100 x 535,000) 68,156
21 MR. ASLAM
Tax Liability
19,566
Less: Credit for tax deducted out of salary (Rs. 5,000 x 7) (35,000)
It has been assumed that hospital bills show NTN and were duly certified by the employer
- Disposal of option
(17,500) 12,500
14,000
22 MR. AKRAM
(a) Rs 90 / share
Tax Liability
- Exercise of option
(251,000)
99,000
(350,000)
100,000
(b) Rs 40 / share
Tax Liability
Tax on Rs. 1,599,000 (Rs. 30,000 + 1,599,000 –
1,200,000) x 10% 69,900
23 MR. AKBER
Computation of Taxable Income and Tax Liability
Tax Liability
Less: Credit for tax deducted out of salary (Rs. 7,000 x 9) (63,000)
Foreign source salary of a citizen leaving Pakistan and remained outside Pakistan at the end of tax
year is exempt under section 51(2) of the Income Tax Ordinance, 2001.
Note-1
Rental gross receipts are computed in the following manner:
Note 2
Rent is not chargeable to tax on receipt basis. Rent relating to a tax year, whether received or receivable
is chargeable to tax in that tax year. Therefore, the sum of Rs 400,000 is deducted from the rent receipts
as the same is an advance rent for the next two years and will be charged to tax in the respective tax
years.
Note3
Other taxes are paid by the tenant; therefore, addition in rent is made.
Note 4
Other deductions, examples include depreciation on building, Property / Govt. taxes were not deducted
from income as the rental income is less then Rs. 4,000,000 per annum and further it is not a company
case.
25 MR. AKMAL
Computation of Taxable Income and Tax Liability
For the Year Ended 30 June, 2020
Tax Year 2020
Particulars Flat 1 Flat 2 Flat 3 Total
Rent - Higher of actual rent or fair market rent 300,000 300,000 275,000 875,000
Un-adjustable advance - (1/10 of deposit) 20,000 20,000 5,000 45,000
Forfeited deposit - - 100,000 100,000
Rent chargeable to tax (tax separately) 320,000 320,000 380,000 1,020,000
Tax Liability
Tax on Rs. 1,020,000 [Rs.60,000 + (1,020,000 – 600,000) x 15%] 123,000
Balance Tax Payable 123,000
26 FARRUKH
Name of Taxpayer : Farrukh
Income year ended : 30th June, 2020
Tax Year : 2020
Personal Status : Individual
28 IDEAL ASSOCIATES
(i) Expense on account of mere provision for bad debts cannot be allowed due to following two
conditions:
All the events, that determine liability, have not occurred and
The amount of the liability cannot be determined with reasonable accuracy.
However actual bad debts (not provision) shall be allowed as deductions if the following conditions
are satisfied:
The amount of debt was previously included in the person’s income from business
chargeable to tax; or
In respect of money lent by a financial institution in deriving income from business
chargeable to tax;
The debt or part of the debt is written off in the accounts of the person in the tax year; and
There are reasonable 1grounds for believing that the debt is irrecoverable.
(ii) Since the trading liability pertaining to the year 2017 has been outstanding since last three years,
therefore, it shall be added back to the income for the tax year 2020 under section 34(5). However,
as the payment has been made in the tax year 2020 the same shall be allowed as admissible
deduction under section 34(6)
(iii) The firm can claim the initial allowance against the imported used plant as:
It is used in Pakistan for the first time in a tax year.
It is used by the firm for the purposes of its business
It falls in the definition of eligible depreciable asset;
29 CARROT LTD
Comments on the deductibility of expenditures charged by CL:
(i) Any expenditure that provides an advantage or benefit for a period of more than one year is
included in the definition of intangibles and is required to be amortized over the period of expected
benefit or 25 years whichever is less.
As such CL would be allowed to charge only 1/12thof the expense i.e. Rs. 37,500 in tax year 2020.
(ii) Bad debts
Only those bad debts are allowed as admissible deductions which have previously been included
in the taxpayer’s business income chargeable to tax and on fulfillment of some more conditions.
Since the staff loan was not previously offered to tax as business income, it would not be
admissible.
(iii) Recouped Expenditure:
Recoupment of an expenditure, in cash or in kind, can only be included in the income chargeable
to tax, in the tax year in which it is received, if previously, the same has been allowed as a
deduction in computing the taxable income.
Since the expenditure incurred by CL on marketing of a commercially imported product was never
allowed as an admissible expense as it related to an income which was taxable under Final Tax
Regime in tax year 2016, it cannot be added to the taxable income of the company at the time of
its recoupment.
(iv) Initial allowance:
Initial allowance is only admissible on such plant and machinery which was not previously used
in Pakistan.
Since in this case, the equipment was previously used in Pakistan, the initial allowance is not
admissible.
(v) Vehicle on finance lease:
Entire lease rentals paid during the year, on leased assets, i.e. Rs. 400,000 shall be allowed as
admissible deduction.
Following expenditures however, would not be admissible:
Finance charges Rs. 100,000
Depreciation Rs. 200,000
An intangible that does not have an ascertainable useful life, shall be treated as if it had a normal
useful life of 25 years.
Where an intangible is used in a tax year partly in deriving income from business chargeable to tax
and partly for another use, the deduction allowed for that year shall be restricted to the fair
proportional part of the amount that would be allowed if the intangible were wholly used to derive
income from business chargeable to tax.
Where an intangible is not used for the whole of the tax year in deriving income from business
chargeable to tax, the deduction allowed under this section shall be computed according to the
following formula, namely:-
A×B/C
where -
A Is the amount of amortization
B Is the number of days in the tax year the intangible is used in deriving income from business
chargeable to tax; and
C Is the number of days in the tax year.
Where, in any tax year, a person disposes of an intangible, no amortization deduction shall be
allowed for that year.
An intangible that is available for use on a day (including a non-working day) is treated as used on
that day.
31 MR. QATEEL
Qateel Enterprises
Computation of income tax liability
Resident
For the tax year 2020 individual Rupees
Vehicle tax -
6,675,303
(3,759,000)
4,925,600
4,825,600
Deductible allowances
(900,000)
680,000
33 SALEHA
i. Since Saleha inherited paintings from her father, the fair market value of the painting on the date of
its acquisition/transfer would be treated to be its cost. Hence, cost of the painting would be Rs.
1,550,000. and there is a loss of Rs. 300,000. But, according to the ITO-2001, no loss can be
recognized on disposal of painting.
ii. The cost of the Jewellery would be Rs. 1,300,000 i.e. the value thereof at the time of gift. Therefore,
the gain of Rs. 1,000,000 should be recognized. However, as the holding period of Jewellery is more
than one year, the taxable gain will be restricted to 75% i.e. Rs. 750,000
iii. The car sold by Saleha was being used by her for business purposes and therefore depreciation was
also being charged on it. However, depreciable assets are specifically excluded from the definition of
capital assets. Therefore, no capital gain or loss would arise on the disposal of car.
iv. No capital gain/loss will arise as any movable property held for personal use by the person is excluded
from the definition of capital assets.
35 MS. BEENASIKANDAR
Income year ended 30 June 2020
Tax year 2020
Business Individual
INCOME FROM SALARY Rupees
Director's remuneration (Rs. 100,000 × 12) 1,200,000
Bonus (Rs. 100,000 × 2) 200,000
Fee received for attending the BOD’s meetings 150,000
Company maintained car (Rs. 2,000,000 × 5%) 100,000
1,650,000
INCOME FROM BUSINESS W-1 5,540,000
Taxable income 7,190,000
COMPUTATION OF TAX PAYABLE (For non-salaried individuals)
Income tax on Rs. 7,190,000 [Rs.1,220,000 + (7,190,000 - 6,000,000) x 35%] 1,636,500
Less: Tax credit on donations (Rs. 250,000 × 1,636,500/7,190,000) (56,902)
Total tax liability 1,579,598
Tax withheld / deducted at source
By clients (200,000)
By AFL (tax deducted from salary) (390,000)
By AFL (tax deducted from payment for attending the BOD meeting) (9,000)
Balance Tax Payable 980,598
WORKING 1
Computation of Business Income
COMMENTS
Bonus pertaining to tax year 2019: Salary is taxable on the basis of receipt. Therefore, salary income
for the tax year 2020 will include bonus for tax year 2019 as it is paid after the fiscal year end.
Bad debts recovered: The recovered bad debt is treated as income because it was claimed as expense
in tax year 2015.
Salary to brother: Salary paid to her brother is an allowable expense as he is working as an employee
in the firm.
Gift to clients are allowable business expense and therefore not added back.
Cost 800,000
Reduced by 10% for 4 years (800,000 x 10%) x 4 (320,000)
480,000
Gross Amount
Donation
Amount Admissible
(i) Paid in cash to a relief fund 200,000 0
(ii) Personal car given to an approved non-profit organization 600,000 480,000
(iii) Medicine to private hospital 100,000 0
Total 480,000
Section 61 of the income tax ordinance, 2001 also requires that the aggregate amount of the
donation must not be in excess of 30% of the taxable income in the case of an individual assesse.
In your case this limit is:
As the admissible amount is less than Rs. 2,400,000, hence, you are entitled to claim tax credit on
Rs.480,000 at the average rate of tax.
Exemption/
Gross Taxable
Particulars admissible Remarks
amount income
deductions
Less tax deducted
Tax on salary 150,000
Tax on PLS account profit 1,000
Tax on commission 2,000
Total tax paid 153,000
Balance tax refund 248,400
38 DR. A. A. QURESHI
RESIDENT INDIVIDUAL
TAX YEAR 2020
COMPUTATION OF TAXABLE INCOME
Particulars Rupees
Tax on property on Rs. 720,000 [Rs. 20,000 + Rs. 120,000 @ 10%] 32,000
Note 1
INCOME AND EXPENDITURE ACCOUNT
Payments Amount Receipts Amount
Rent of clinic 24,000 consultation fees 450,000
Salary to assistant 36,000 visiting fees 100,000
Car running expenses
(30,000 x1/3) 10,000 remuneration from articles
Stationery 5,000 published in magazines 12,000
Depreciation of motorcar
(300,000 x 15% x 1/3) 15,000
Utilities 25,000
Depreciation on
Surgical Equipment
(40,000 x 15%) 6,000
Balance Income 441,000
Total 562,000 562,000
Note:
Under the law, the admissible depreciation on the vehicle is 15%, whereas the rate of depreciation on the
surgical equipment is 15% of cost.
It is assumed that advance tax has been deducted on rent, therefore, consultancy and visiting fee has
been offered to tax under the normal tax regime. In case tax was deducted on consultancy and visiting
fee, tax deductible @ 10% would have been treated as minimum tax and compared against the
proportionate income tax liability calculated under the normal tax regime.
Exemption/ad
Gross Taxable
Particulars missible Remarks
amount income
deductions
Income from salary
Basic salary 1,440,000 - 1,440,000
House rent allowance 600,000 - 600,000 HR allowance is totally
taxable under Rule 4
under section 12(2)(c)
Utility allowance 240,000 - 240,000
Medical allowance 240,000 - 240,000 Medical allowance in
addition to expenses
borne according to terms
of employment, therefore,
the medical allowance is
not exempt from tax.
Bonus 360,000 - 360,000
Special merit award 240,000 - 240,000
Exemption/ad
Gross Taxable
Particulars missible Remarks
amount income
deductions
Co maintained car - - - Reimbursement of car
maintenance expenses
used for official purpose is
not to be added to salary
income.
Funeral expenses of 20,000 - 20,000
parents
Capital gains
Gain on disposal of listed 200,000 200,000 - Exempt being the shares
company shares were acquired before July
2013.
Gain on disposal of land 1,000,000 - 1,000,000 Gain on disposal of land
within 8 years’ time is
taxable under Separate
block of income.
Total Income 4,838,000
Less: Gain on disposal of land (taxable as separate block (1,000,000)
of income)
Less: Educational Expenses as deductible allowance (u/s (3,600)
60D(2)) 5% of 72,000 (total educational expense)
Taxable Income 3,834,400
Computation of income tax liability on the taxable income
Tax on normal rates for salaried individual
Tax on Rs. 3,834,400 [Rs.370,000 + 20% of amount
exceeding Rs.3,500,000] 436,880
Tax on gain on disposal of land [(Rs. 1,000,000 x 75%) x
5%) 37,500
Tax credit on approved donations 436,880/3,834,400 x
500,000 (56,968)
Tax after tax credit 417,412
Less: Tax paid by employer on behalf of employee (200,000)
Balance tax payable 217,412
Note: Tax credit on donation is only available to a maximum of 30% of taxable income of an individual.
No tax credit is available on children education expenses paid and fee to solicitor.
Prior year income is not taxable in the current year as it is taxable in the relevant year by revising the last
year tax returns.
Purchase of car is increase in assets and it is not allowable as an expense.
40 MR. A. D. CHUGHTAI
RESIDENT INDIVIDUAL
TAX YEAR 2020
COMPUTATION OF TAXABLE INCOME
Exemption/ad
Gross Taxable
Particulars missible Remarks
amount income
deductions
Exemption/ad
Gross Taxable
Particulars missible Remarks
amount income
deductions
41 MR. HYDER
(a) As a legal representative, Mr. Hyder is liable for any tax, which would have been payable by his
uncle, if he had not died. However, such liability is limited to the extent of Rs. 10 million i.e. value
of his deceased uncle’s estate.
Any proceeding taken against his uncle shall be continued against Mr. Hyder from the stage at
which it stood on the date of his uncle’s death. Further, any proceeding which could have been
taken against the deceased if he had survived may be taken against the legal representative.
(b) A person should apportion the expenditure, deductions and allowances for the purpose of claiming
deduction, where expenditure relates to:
The derivation of more than one head of income; or
Derivation of income comprising of taxable income and any class of income subject to
separate taxation or on which the tax collected at source is treated to be the final tax liability
of the person.
The derivation of income chargeable to tax under a head of income and to some other
purpose.
42 DONATION
Mr. Qamar shall be entitled for either of the following tax reliefs:
A tax credit in respect of any sum paid in the tax year as a donation
Straight deduction of donation from income.
Tax credit
A person shall be entitled to a tax credit in respect of any sum paid, or any property given by the person
in the tax year as a donation to:
any board of education or any university in Pakistan established by, or under, a Federal or a
Provincial law;
any educational institution, hospital or relief fund established or run in Pakistan by Federal
Government or a Provincial Government or a local Government; or
any non-profit organization.
The amount of a person’s tax credit allowed for a tax year shall be computed according to
the following formula, namely:
(A/B) x C
Where:
A is the amount of tax assessed to the person for the tax year before allowance of any tax
credit
B is the person’s taxable income for the tax year; and
C is the lesser of:
the total amount of the person’s donations including the fair market value of any property
given; or
where the person is:
an individual or association of persons, 30% of the taxable income of the person for the
year; or
A company, 20% of the taxable income of the person for the year.
Straight deduction from income (Donations to institutions under clause 61 part I of the 2 nd
schedule)
In case donation is paid to any institution mentioned under clause 61 of Part I of the Second Schedule,
it will be allowed as straight deduction from the total income of the donor (treated like deductible
allowances).
The amount donated shall not exceed 30% of the taxable income in the case of individual and AOP
and 20% in the case of company.
The condition of payment through banking channel is not applicable for donations to be permissible
deductions.
Rupees
Capital gain
Taxable income subject to final tax regime profit on fixed deposit 75,000
On profit on debt (Tax deduction rate will be 10% on profit on debt upto Rs. 5 million) (7,500)
Amount charged to tax in 2017 & 2018 (Rs. 90,000 x 2/10) (18,000)
132,000
Note 1: No addition in salary income is needed for car provided by the employer solely for business use.
Note 2: As medical facility was also available, medical allowance is fully chargeable.
Note 3: The deductible allowance u/s 60D on child’s educational expenses shall not be allowed as the
taxable income of the taxpayer is more than Rs.1,500,000.
44 MS. SAIMA
Computation of taxable income
For the Tax year 2020
Note 2
A gain arising on the disposal of a capital asset by a person in a tax year, other than a gain that is exempt
from tax, shall be chargeable to tax in that year under the head “Capital gain”. No gain or loss is taken to
arise on disposal of an asset by way of a gift provided that the gift is to a resident person.
Since Saima’s brother stayed in Pakistan for only two months in aggregate, he does not qualify to be
treated as a resident person. Therefore, gain arising from the gift of the painting is taxable as capital gains
in the hands of Ms. Saima.
Note 2.1
Where the capital asset becomes the property of the person by inheritance, the fair market value of the
asset, on the date of its acquisition is treated to be the cost of the asset.
Note 3
Any amount received as a loan, advance, deposit or gift by a person in a tax year from another person
(not being a banking company or financial institution) otherwise than by a crossed cheque drawn on a
bank or through a banking channel from a person holding a National Tax Number shall be treated as
income chargeable to tax under the head “Income from Other Sources” for the tax year in which it was
received. Therefore, the amount received by Ms. Saima from her sister would be chargeable to tax as
income from other sources.
Note 4
Teaching fee has been offered to tax under the normal tax regime. In case tax was deducted on the
same, tax deductible @ 10% would have been treated as minimum tax and compared against the
proportionate income tax liability calculated under the normal tax regime.
45 MR. BILAL
(ii) Section 39(3) of the Income Tax ordinance states that any amount received on account of
followings:
a loan,
advance,
deposit for issuance of shares or
gift
by a person in a tax year from another person (other than a banking company or financial
institution).
otherwise than by a crossed cheque drawn on a bank or
through a banking channel from a person holding a National Tax Number
shall be treated as income chargeable to tax under the head “Income from Other Sources” for the
tax year in which it was received. Therefore, the amount received in cash by Mr. Bilal can be treated
as income, in the tax year 2020.
46 MR. FAISAL
Following are the provisions regarding claiming foreign tax credit available to a resident taxpayer:
The amount of tax credit available to a resident taxpayer will be the lesser of:
Income tax paid abroad; and
Pakistan tax payable on foreign-sourced income.
The Pakistan tax payable in respect of foreign source income derived by a taxpayer in a tax year
shall be computed by applying the average rate of Pakistan income tax applicable to the taxpayer
for the year against the taxpayer’s net foreign source income for that year.
The amount of tax credit is calculated separately for taxable income under each head of income.
Foreign tax credit is given only if foreign income tax is paid within two (02) years after the end of
the tax year in which related foreign income was derived.
While determining tax liability for a tax year, the amount of foreign tax credit is reduced from the
gross tax liability before reduction for any other tax credits, such as, those relating to donations,
investments and income tax paid in Pakistan.
In case credit for foreign tax is not fully utilized in the year it is generated, the excess amount is
neither refundable nor can it be carried to another tax year.
Tax credit is not allowed for tax paid outside Pakistan on foreign-sourced income which is not
chargeable to tax or is exempt from tax in Pakistan.
734,500
Income tax -
TAX DEPRECIATION
Plant and machinery
Opening tax WDV 250,000
Less: WDV of disposal 80,000
170,000
Addition (cost as reduced by initial allowance) 30,000
200,000
Initial allowance 25% of Rs.40,000 10,000
Normal depreciation @ 15% x 200,000 30,000
40,000
Vehicles
Opening tax WDV 400,000
Addition 1,300,000
1,700,000
Normal depreciation @ 15% 255,000
Furniture and Fixtures
Opening tax WDV 80,000
Less: WDV of disposal (10,000)
70,000
Addition 7,000
77,000
Normal depreciation @ 15% 11,550
306,550
A B Total
Salary 80,000 - 80,000
Commission - 10,000 10,000
Residential telephone bills 5,000 - 5,000
Balance (60:40) 167,670 111,780 279,450
Share of profit for the year 252,670 121,780 374,450
48 AB & CO.
TAX YEAR 2020
INCOME YEAR ENDED 30-06-2020 Rs.
i. Computation of total and divisible income
1,115,000
Less: accounting gain on disposal of vehicle [120,000-80,000] (40,000)
49 MS. HAMEEDA
(a) Tax implications in respect of sale of assets by Ms. Hameeda are as under:
i. Capital gain on disposal of immoveable properties where holding period exceeds 8 years is
taxable @ 0%; therefore, disposal of plot in DHA Karachi would be taxable at the rate of 0%.
ii. Jewellery and paintings are considered as capital assets and relevant gain / loss and will be
dealt with as follows:
Painting
The cost of the painting for Ms. Hameeda would be Rs. 2,350,000 i.e. the value thereof at
the time of inheritance. However, no loss can be recognized on such assets.
Jewellery
The cost of Jewellery for Ms. Hameeda would be Rs. 3,000,000 i.e. the value thereof at the
time of gift. The gain of Rs. 2,000,000 should be recognized. However, as the holding period
of Jewellery is more than one year. The taxable gain will be restricted to 75%, i.e. Rs.
1,500,000.
(b) Ms. Kashmala & Ms. Shumaila
Computation of taxable income & tax there on for the tax year 2020
Rupees
Net loss (800,000)
Add: Inadmissible expenses
Salary to members of AOP 800,000
Accounting depreciation 300,000
300,000
Less: Brought forward business loss from the year 2018 (400,000)
Un-adjusted Business loss (100,000)
Business loss carried forward to next year (100,000)
Unadjusted tax depreciation 250,000
Unabsorbed depreciation to be carried forward 550,000
(300,000 Tax year 2019 + 250,000 Current tax year)
as there is loss under NTR & minimum tax liability ignored therefore no tax is
payable by the AOP under the given case.
50 T & H ENTERPRISES
TAX YEAR 2020
INCOME YEAR ENDED 30-06-2020
COMPUTATION OF TOTAL INCOME AND TAX PAYABLE
FBR has clarified that it is the divisible income (profit after tax) of AOP that will be included in the
taxable income of its members for rate purpose.
If AOP has any income that falls under presumptive tax regime (PTR) then members share from
such income shall not be added in the taxable income of the member. Section 4(4) read with Section
169(2) clearly states that income falling under PTR is not to be included in any taxable income.
Tax depreciation of Rs. 2,700 on type writer is computed @15% as per third schedule
Share of profit from AOP
Tax Liability
Income tax on 160,150 @ 0% 1--
Taxable income of Mr. Hamid
Speculation loss (can be set-off only against speculation gain) --
Profit on sale of car – capital receipt
(It is assumed that car was for personal use) --
As Mr. Hamid does not have any other normal taxable income, share of profit from AOP cannot be
included for rate purpose.
Note:
Loss of AOP will be carried forward only in the hands of AOP, hence no effect of share of loss of from
another AOP has been given in the hands of Mr. Tariq.
Net income before tax (only for computation of divisible profit) 1,597,500
Tax on property income Rs. 2,000,000 [Rs.60,000 + 1,000,000 @ 15%] (Note) (210,000)
Note: As per section 56(1), loss under any head cannot be adjusted against the property income.
Therefore, tax liability has been computed on income from property only without adjusting the business
loss.
Divisible income between the partners will be worked in the following manner:
Note: Consultancy services by Mr. Qazi has been offered to tax under the normal tax regime. In case tax
was deducted on the same, tax deductible @ 10% would have been treated as minimum tax and
compared against the proportionate income tax liability calculated under the normal tax regime.
52 TAQI AHMED
Taqi Ahmed
Computation of total income, taxable income and net tax payable/refundable
For the tax year 2020
Income from Salary: Rupees
Basic Salary [(400,000+(440,000 × 11)] 5,240,000
Conveyance allowance [(40,000+(44,000 × 11)] 524,000
Medical allowance [(40,000+(44,000 × 11)] 524,000
Health insurance benefit 200,000
Daily allowance (Special allowance) -
Performance bonus for tax year 2020 but received in August 2020 -
Director's fees for attending board meeting - ZTL 100,000
Loan waived by ZTL (50,000 × 23) (Repayment is made in advance for each month) 1,150,000
Imputed/deemed interest on loan (1,800,000×10%) from July 2019 to March 2020 117,250
7,855,250
Capital gain
(2,089,286)
Tax liability
1,383,813
Property income - Separate block income
135,000
Capital Gain - Separate block income
Holding period is more than twelve months but less than 24 months (Rs. 375,000 x
15%) 56,250
Dividend - FTR income (Rs. 187,500 @ 15%) 28,125
53 MUSHTAQ ENTERPRISES
Mushtaq Enterprises
Computation of total income, taxable income and net tax payable/refundable
For tax year 2020
Income from Business: Rupees
Profit before taxation 1,800,000
Add: Inadmissible expenses/admissible income
Salary paid to salesmen [5×(22,000–6,000)×12] 960,000
Entertainment expenditures - -
Research expenditure incurred outside Pakistan 150,000
Accounting loss on the sale of patents 65,000
Amortisation charged on patents for the year 25,000
Gain on sale of patents (524,000 – 430,000) 94,000
Bad debts recovered: Atif [700,000 – (800,000 – 550,000)] 450,000
Accounting depreciation 580,450
Transfer of furniture to Dubai (850,000–610,000) 240,000
Less: Admissible expenses/inadmissible income
Bad debts recovered: Aslam [1,200,000–600,000–400,000] (200,000)
Tax depreciation (W-1) (667,650)
3,496,800
Less:
B/f business loss (125,000)
Unabsorbed tax depreciation – brought forward (705,000) (830,000)
5,652,000
3,312,000
1,428,000
168,000
Less: Amount received on account of utilities, cleanliness & security (75,000×12) (900,000)
Deduction of expenses against income from property is allowed only for company under the given case
therefore no deduction is allowed [15A (1)]
55 BABER – HI FI LIMITED
Name of Taxpayer : Mr. Bader
National Tax Number :
Income year ended : 30th June, 2020
Tax Year : 2020
Personal Status : Individual
Residential Status : Resident
INCOME FROM SALARY U/S 12 (Rs.) (Rs.)
Basic Salary (250,000 x 12) 3,000,000
Medical allowance (28,000 x 12) 336,000
Exempt upto 10% of Basic Salary (300,000) 36,000
House rent allowance (120,000 x 12) 1,440,000
Bond amount on restriction of resigning before 30 June, 2021 900,000
Conveyance facility for both official and private use (1,500,000 x 5% x
11/12) 68,750
Perquisites in the shape of inventory provided by the employer 22000
Fair market value of shares at the time of issue of shares (2,000 x 375) 937,500
Less: Amount already paid as consideration (200,000 + 300,000) (500,000) 437,500
Gratuity under an unapproved scheme 485,000
Less: Exemption upto 75,000 or 50% of the amount payable (75,000) 410,000
Termination benefit from previous employer 600,000
Medical facility free of cost from previous employer 65,000
Total income under the head Salary 6,979,250
CAPITAL GAIN U/S 37A
FMV of shares at the time of sale 875,000
Less: Amount paid against option and shares (200,000 + 300,000) x
2,000 / 2,500 (400,000)
Amount taxable under the head of Salary (437,500 / 2500 x 2000) (350,000) 125,000
Total income under the head Capital Gain 125,000
Since salary income more than 75% of the taxable income, therefore, the slab applicable to salaried
individuals shall be applied:
Option - 1
Tax @ 22.5% on the amount exceeding Rs. 5,000,000 (i.e. on 1,179,250) 265,331
Option - 2
Tax @ 22.5% on the amount exceeding Rs. 5,000,000 (i.e. on 579,250) 130,331
Tax liability
As tax under option 2 is lower than from tax payable under option 1 872,331
hence the tax payer shall opt to pay tax under option 2.
56 LONE TRADERS
Speculation Trading
Gross sales [18,240 x 500] & [13,000,000 + 680,000] 9,120,000 13,680,000 22,800,000
Gross profit [9,120,000 - 7,900,000] & [13,680,000 x 25%] 1,220,000 3,420,000 4,640,000
Admin., selling and distrib. [2,455,000 x 40% & 60%] (982,000) (1,473,000) (2,455,000)
(Note 1) Speculation loss of Rs. 87,000 would be carried forward to next year for adjustment against
speculation income.
(Note 2) Speculation loss cannot be set off against trading business income of Rs. 797,000.
(Note - 3) Similarly, capital loss of Rs. 250,000 would be carried forward to next year as it cannot be set
off against any other heads of income.
2,270,000
7,758,000
Less: Admissible expenses:
Bad debts written off (W-1) (120,000)
Net taxable income 7,638,000
Computation of tax liability:
Tax on Rs. 6,000,000 1,220,000
On balance Rs. 1,638,000 tax @ 35% 573,300
Net Liability 1,793,300
As the tax liability of the AOP under NTR is more than the minimum tax under section 113 hence the
same is payable by the AOP.
Rupees
W-1: Computation of bad debts written off:
Opening balance of provision for bad debt account 1,100,000
Add: provision during the year 735,000
1,835,000
Less: Closing balance of provision for bad debt A/c (1,435,000)
Debts written off during the year 400,000
Less: loan to supplier written off [W-1(a)] (280,000)
Bad debt written off allowed for tax purpose 120,000
58 WAJAHAT
Wajahat
Computation of Income Tax Liability
For the Year 2020
Income from Salary: Rupees
Basic salary (70,000 x 12) 840,000
Dearness allowance (10,000 x 12) 120,000
Conveyance allowance (8,000 x 12) 96,000
PF contrib. [(8,400 x 12) - (lower of Rs. 150,000 or 1/10th of basic + DA)] 4,800
Working: (100,800) or (lower of Rs.150,000 or (840,000+120,000) /10= 96,000
Interest on PF [391,000 - (higher of: interest @16% or 1/3rd of basic + DA)] 71,000
Working: (391,000/20% x 16% = 312,800 or ((840,000+120,000)/3= 320,000)
Reimbursement of electricity bill 60,000
Total income under the head salary 1,191,800
Tax @ 20% on the amount exceeding Rs. 2,400,000 (i.e. on 65,200) 6,520
(B) 887,472
203,821
(Note 1)
As the turnover during the tax year 2020 is less than Rs. 10 million hence minimum tax u/s 113 is not
applicable on the taxpayer.
(b) (i) The foreign-source income of a short term resident individual shall be exempt from tax if
he/she is:
1. A resident individual solely by reason of the individual’s employment; and
2. Present in Pakistan for a period or periods not exceeding three years
However, the above rule is not applicable to:
Any income derived from a business of the person established in Pakistan; or
Any foreign-source income brought into or received in Pakistan.
Ms. Margaret is a short term resident individual as she is in Pakistan for employment and her
stay is less than three years. Based on the above rule:
1. Receipt of US$ 15,000 in equivalent Pak Rupees for conduction the workshop session
at Lahore shall be taxable as it is received in Pakistan.
2. Receipt of US$ 25,000 for conducting the workshop session at Munich shall not be
taxable as it has neither been received in nor brought into Pakistan.
3. Receipt of US$ 20,000 for conducting the workshop session at Dubai shall be taxable
as it has been brought into Pakistan.
(ii) Following are the provisions regarding claiming of foreign tax credit available to a resident
taxpayer:
The amount of tax credit available to a resident taxpayer in respect of his foreign source
income which is chargeable to tax under the Ordinance, will be lesser of:
Income tax paid abroad; and
Pakistan tax payable on foreign-sourced income.
The Pakistan tax payable in respect of foreign source income derived by a taxpayer in a
tax year shall be computed by applying the average rate of Pakistan income tax applicable
to the taxpayer for the year against the taxpayer’s net foreign source income for that year.
The amount of tax credit is calculated separately for taxable income under each head of
income.
Foreign tax credit is allowed only if foreign income tax is paid within two (02) years after
the end of the tax year in which related foreign income was derived.
While determining tax liability for a tax year, the amount of foreign tax credit is reduced
from the gross tax liability before reduction for any other tax credits, such as, those relating
to donations, investments and income tax paid in Pakistan.
If credit for foreign tax is not fully utilized in the year it is generated, the excess amount is
neither refundable nor can it be carried to another tax year.
Tax credit is not allowed for tax paid outside Pakistan on foreign-sourced income which is
not chargeable to tax or is exempt from tax in Pakistan.
CHAPTER 14 – RETURNS
60 MR. SAMI
(i) Where the Commissioner is of the view that Mr. Sami is required to file the return of income but
has failed to do so, the Commissioner is empowered to issue a notice requiring him to furnish the
return of income.
A notice under section 114 may be issued in respect of one or more of the last five completed tax
years or assessment years.
Provided that in case of a person who has not filed return for any of the last five completed tax
years, notice under section 114 may be issued in respect of one or more of the last ten completed
tax years.
However, he can issue such notice in respect of the last five tax years and therefore issuance of
notice for the tax year 2013 cannot be justified. In the absence of information it has been assumed
that the taxpayer has filed his income tax returns from tax year 2014 to 2018.
Moreover, he should have allowed a minimum of 30 days or such longer period for filing the return
as he may, by order in writing, allow.
(ii) The Commissioner may extend the time frame for furnishing the return, if he is satisfied that the
applicant is unable to furnish the return of income by the due date because of:
his absence from Pakistan;
sickness or other misadventure; or
any other reasonable cause
However, an extension of time shall not exceed 15 days from the due date for furnishing the return
of income unless there are exceptional circumstances justifying a longer extension of time.
Provided that where the Commissioner has not granted extension for furnishing return under sub-
section (3) or sub-section (4), the Chief Commissioner may on an application made by the
taxpayer for extension or further extension, as the case may be, grant extension or further
extension for a period not exceeding fifteen days unless there are exceptional circumstances
justifying a longer extension of time.
61 MR. ZAHID
Mr. Zahid
Wealth Statement
For the tax year 2020 2020
Rupees
Agriculture land in Hyderabad 5,000,000
Residential property in DHA Karachi 3,000,000
Investment in shares of listed companies (1,100,000–100,000–50,000) 950,000
Business capital FG & Co. (4,000,000+2,540,000–450,000) 6,090,000
Advance against bungalow 1,000,000
Motor Vehicle 1,540,000
Cash at banks 730,000
Cash 157,500
Total 18,467,500
Less: Bank loan – closing balance (1,300,000)
Wealth as on 30 June 2020 17,167,500
Inflows
Income from business 2,540,000
Agriculture income – Exempt 2,500,000
Capital gain [(350,000 – 50,000 – 37,500)] 262,500
5,302,500
2020
Outflows Rupees
Gift to brothers – Listed company shares and shares sold 100,000
Personal expenses 2,075,000
2,175,000
Net increase in wealth 3,127,500
CHAPTER 16 – APPEAL
64 MS. ZUBAIDA
(a) Following procedure shall be followed if there is a difference of opinion among the members of
Appellate Tribunal:
the point shall be decided according to the opinion of the majority.
If the members of an appellate bench are equally divided on a point, they shall state the
point on which they differ and the case shall be referred by the Chairperson for hearing on
that point, by one or more other members of the Appellate Tribunal, and the point shall be
decided according to the opinion of the majority of the members of the Tribunal who have
heard the case, including those who first heard it.
If there are an equal number of members of the Appellate Tribunal, the Federal Government
may appoint an additional member for the purpose of deciding the case on which there is a
difference of opinion.
(b) The return submitted by Ms. Zubaida on 20 August 2013 would be considered as deemed
assessment. Under the Ordinance, no order should be amended by CIR after the expiry of five
years from the end of financial year in which CIR have issued or treated to have issued the
assessment order to the tax prayer. Since assessment was deemed to be finalized on 20 August
2013, CIR was empowered to amend the order up to 30 June 2019.
In the light of the above, the notice issued by CIR is not valid.
Thanking You
MHA
66 REGISTRATION
68 MR. FURQAN
(i) Returns:
Being a registered person, Mr. Furqan was required to file a nil 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.
(ii) De-registration:
Reasons for De-registration:
Mr. Furqan may be liable for deregistration due to any of the following reasons:
He ceases to carry on his business;
His supplies have become exempt from tax;
His taxable turnover during the last 12 months has remained below the threshold;
He transfers or sells his business;
Merger with another person; or
Failure to file tax return for six consecutive months.
Procedure for de-registration:
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 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:
The person applying for de-registration shall not be de-registered unless he provides record for the
purpose of auditor inquiry.
If a registered person fails to file tax return for six consecutive months, the Commissioner, without
prejudice to any action that may be taken under any other provision of the 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.
The obligations and liabilities of the person whose registration is cancelled relating to the period
when he conducted business as a registered person shall not be affected by the fact that his
registration has been cancelled or that he has ceased to be a registered person.
69 MANUFACTURER
Under the Sales Tax Act, 1990, a manufacturer is a person who engages, whether exclusively or not, in
the manufacture of goods whether or not the raw material of which the goods are manufactured are
owned by him; and shall include:
(i) A person who by any process or operation assembles, mixes, cuts, dilutes, bottles, packages,
repackages or prepares goods by any other manner;
(ii) An assignee or trustee in bankruptcy, liquidator, executor, or curator, of any manufacturer, or
producer and any persons who disposes of his assets in any fiduciary capacity; and
(iii) Any person, firm or company which owns, holds, claims or uses any patents, proprietary, or other
right to goods being manufactured, whether in his or its name, or on his or its behalf, as the case
may be, whether or not such person, firm or company sells, distributes, consigns, or otherwise
disposes of goods.
Provided that for the purpose of refund, only such person shall be treated as manufacturer-cum-exporter
who owns or has his own manufacturing facility to manufacture or produce the goods exported or to be
exported.
73 MR. KALEEM
Computation of Sales Tax Liability
TAX PERIOD: FEBRUARY, 2020
Rs. in million
Taxable supplies
Manufactured goods (Rs. 120m x 17%) 20.40
Exports - Zero rated supplies (30m x 0%) 0
Exempt supplies (20m) Exempt
20.40
W-2: Input tax – manufacturing (lower of actual and 90% of output tax)
On purchase of raw
(Rs. 160 m x 17%) 27.2
Inadmissible input tax- W-3 (8)
19.2
Restricted to 90% of output tax (Rs. 20.40 x90%) 18.36
Note:
As the zero rated supplies are less than 50% of all taxable supplies, therefore 90% limitation is applicable
u/s 8B of the Sales Tax Ordinance, 1990.
Purchase from un-registered persons will have no implication on the above computation.
It is assumed that sales are only to registered persons.
Working:
A registered person is not allowed to adjust input tax for a tax period in excess of 90% of the output
tax for that tax period. [S.8B]
As the zero rated supplies are less than 50% of all taxable supplies, therefore 90% limitation is
applicable u/s 8B of the Sales Tax Ordinance, 1990.
Rs.
Input tax related to local sales (42,000,000 x 17/117) 6,102,564
Restricted to 90% of output tax for June 2020
(90% of Rs. 7,667,000) 6,900,300
Tax Refundable on exports (16,000,000+10,000,000 x 17/117) 3,777,778
Explanations:
Note 1
Total supplies other than exports are Rs. 45,000,000. The value of a supply can be reduced by a
trade discount only if:
(i) the trade discount is in conformity with the normal business practices; and
(ii) is shown on the sales tax invoices.
In the instant case the second condition is not fulfilled; therefore, the value of the supply is not
reduced for the purpose of charging sales tax. [S.2(46)(b)]
Note 2
The goods given to the chief executive are not exempt but fall within the definition of a supply and
are liable to payment of sales tax.
Note 3
The input tax on Rs. 10,000,000 paid for the acquisition of the machinery is adjustable wholly and
restriction of 90% of the output tax is not applicable in such case. [First proviso to S.8B]
Note 4
The input tax of Rs. 100,000 pertaining to the raw material purchased in November 2019 cannot
be claimed in June 2020 as it is older than 180 days and so ineligible for adjustment. It could only
have been claimed up to April 29, 2020. [Sec. 7(1)]
Note 1: The limitation of 90% has not been used as the input tax (without input tax on fixed assets) is
already less than 90% of output tax.
76 LEPROC ASSOCIATES
Input tax Rupees
On purchase of raw materials for manufacturing 1,471,561
taxable supplies (Rs. 10,127,800 x 17/117)
On purchase of raw material for manufacturing both taxable and 573,205
exempt supplies (3,945,000 x17/117)
Input tax not deducted in the return for the month of January, 2020 185,700
Total 2,230,466
Input tax inadmissible/nonadjustable being related to export and exempt goods (Note - (219,179)
1)
Net input tax admissible against local supplies 2,011,287
Output tax
On sale of taxable goods to registered persons (Rs. 6,296,000 x 17%) 1,070,320
On sale of taxable goods to unregistered persons 1,168,690
(Rs. 6,874,650 x 17%)
On export of goods to Nigeria Rs. 5,790,000 – zero rated 0
On exempt goods -
2,239,010
Note-1
Apportionment of residual input tax Rupees
Total residual input tax 573,205
Total sales (6,296,000+5,790,000+6,874,650+2,364,000) 21,324,650
78 MR. YOUSHA
A credit note can be issued within 180 days of the date of the relevant supply. As the supply was made
on 30 June 2019, 180 days would expire on 27 December 20198. Therefore the credit note cannot be
issued by Yousha Associates in the month of January 2020 unless the Commissioner, at the request of
Yousha Associates, extends the period for the submission of the credit note. The collector has been
empowered to extend the period of 180 days by a further 180 days at the request of the supplier in writing,
giving reasons for the desired extension in time.
Rs. in ‘000
Taxable Sales
Value Tax
Input Tax
Domestic purchases from registered persons
70,700 12,019
Input tax on liability outstanding for more than 180 days (200,000X17%) (34)
Output tax
- Exempt goods ‐ ‐
2,893
Less:
- Penalty
(50)
- Additional tax
(25)
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.
Amount of input tax is less than the 90% of output tax. Therefore, full input tax would be allowed.
Rs. in ‘000
Gross Taxable
Value Value
SALES TAXCREDIT(INPUT TAX)
Imports for domestic consumptions @ 17% 17,000 2,890
Local purchases @ 17% 8,000 1 360
( - ) Inadmissible import - exempt supplies – [W-1] (1,133)
Rs. in ‘000
Rupees
83 MR. INSAF
Requirements for claiming input tax
(i) Following are the conditions that need to be satisfied for the adjustment of input tax against the
output tax liability:
1. Input tax paid or payable during the tax period for the purpose of taxable supplies made or
to be made is deductible from the output tax that is due in respect of that tax period provided
that where a registered person did not deduct input tax within the relevant period,
he may claim it in the return for any six succeeding tax periods; or
may file a revised return, subject to the approval of CIR, within 120 days of the filing of
original return; or
the CIR may, after satisfying himself that input tax adjustment is due and admissible,
allow the registered person to take such adjustment in the tax period as specified by the
CIR.
2. In order to claim input tax, the taxpayer in each of the following cases must hold in his
name, bearing his sales tax registration number,
in case of local purchases, a valid tax invoice or where the supplier has not declared such
supply in his return or has not paid amount of tax due as indicated in his return.
in case of imported goods, a bill of entry or goods declaration, duly cleared by the
customs under the Customs Act.
in case of goods purchased in auction, a treasury challan.
3. Input tax may also be claimed if allowed by the Board with the approval of the Minister
Incharge of the Federal Government, by a special order, or by a Gazette notification, subject
to such conditions, limitations or restrictions as may be specified therein.
(ii) In the following cases a registered person shall not be entitled to reclaim or deduct input tax.
Tax on goods or services used or to be used for any purpose other than for taxable supplies
made or to be made
Extra tax levied under Section 3(5)
Tax on goods or services in respect of which sales tax has not been deposited into the
government treasury by the supplier
On fake invoices
On purchases made by such person who fails to furnish the information required by the FBR
Such proportion of the input tax which is attributable to non-taxable supplies
Tax on such goods or services which the Board with the approval of the Minister Incharge
of the Federal Government may specify through a Gazette notification
Tax on goods which cannot be supplied to a non-registered person, as specified by the
federal government by way of a Gazette notification
Purchases in respect of which a discrepancy is indicated by CREST or input tax of which is
not verifiable in the supply chain;
Goods and services acquired for personal or non-business consumption;
Goods used in, or permanently attached to, immoveable property, such as building and
construction materials, paints, electrical and sanitary fittings, pipes, wires and cables, but
excluding Pre-fabricated buildings and such goods acquired for sale or re-sale or for direct
use in the production or manufacture of taxable goods; and
Vehicles falling in Chapter 87 of the First Schedule to the Customs Act, 1969 (IV of 1969),
parts of such vehicles, electrical and gas appliances, furniture furnishings, office equipment
(excluding electronic cash registers), but excluding such goods acquired for sale or re-sale.
Services in respect of which input tax adjustment is barred under the respective provincial
sales tax law;
Import or purchase of agricultural machinery or equipment subject to sales tax at the rate of
7% under Eighth Schedule to this Act; and
From the date to be notified by the Board, such goods and services which, at the time of
filing of return by the buyer, have not been declared by the supplier in his return.
Import of scrap of compressors.
the input goods attributable to supplies made to unregistered person, on pro-rata basis, for
which sale invoices do not bear the NIC number or NTN, as the case may be, of the recipient
as stipulated in section 23.
If the payment against purchases exceeding Rs. 50,000 is not made through proper banking
channel.
If payment, in case of a transaction on credit, is not made within one hundred and eighty
days of issuance of the tax invoice.
84 MR. RIZWAN
(a) A registered person shall not be entitled to claim or deduct input tax paid on:
(i) goods or services used or to be used for any purpose other than for taxable supplies made
or to be made by him; OR goods or services used or to be used for making the exempt
goods supplies.
(ii) any other goods which the Board with the approval of the Minister Incharge of the Federal
Government may, by a notification in the official Gazette, specify.
(iii) the goods which are subject to extra tax in addition to normal tax payable at 17%.
(iv) fake invoices.
(v) taxable goods or services which have not been deposited into government treasury by the
supplier.
(vi) purchases made by a registered person, who fails to furnish the information required by the
Board through a notification.
(vii) purchases where payment has not been made through crossed cheque.
(viii) supplies used for specified goods if such good are supplied to unregistered person.
Goods used in, or permanently attached to, immoveable property, such as building and
construction materials, paints, electrical and sanitary fittings, pipes, wires and cables,
but excluding Pre-fabricated buildings and such goods acquired for sale or re-sale or for
direct use in the production or manufacture of taxable goods; and
Vehicles falling in Chapter 87 of the First Schedule to the Customs Act, 1969 (IV of
1969), parts of such vehicles, electrical and gas appliances, furniture furnishings, office
equipment (excluding electronic cash registers), but excluding such goods acquired for
sale or re-sale.
Services in respect of which input tax adjustment is barred under the respective
provincial sales tax law;
the input goods attributable to supplies made to unregistered person, on pro-rata basis,
for which sale invoices do not bear the NIC number or NTN, as the case may be, of the
recipient as stipulated in section 23.
From the date to be notified by the Board, such goods and services which, at the time
of filing of return by the buyer, have not been declared by the supplier in his return.
a taxable supply made by a registered person shall be charged to tax at such rate as in force
at the time of supply.
in case the goods are entered for home consumption, on the date on which a goods
declaration is presented.
in case the goods are cleared from warehouse, on the date on which a goods declaration
for clearance of such goods is presented.
where 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.
If the tax is not paid within seven days of the presenting of the goods declaration the tax
shall be charged at the rate as is in force on the date on which tax is actually paid.
If there is a change in the rate of tax during a tax period, a separate return has to be furnished
in respect of each portion of the tax period showing the application of different rates.
(ii) Any person who has collected or collects any tax or charge, whether under
misapprehension of any provision of the Sales Tax Act, 1990 or otherwise, which was not
payable as tax or charge or which is in excess of the tax or charge actually payable and
the incidence of which has been passed on to the consumer. Such person is required to
pay the amount of tax or charge so collected to the Federal Government.
Any amount payable to the Federal Government by virtue of the above shall be deemed to
have been paid as an arrear of tax or charge payable under the Sales Tax Act, 1990 and
shall be recoverable accordingly and no claim for refund in respect of such amount shall be
admissible. The burden of proof that the incidence of tax or charge has been or has not
been passed to the consumer shall be on the person collecting the tax or charge.
85 ZERO RATING
(a) Following are the goods which shall be charged to tax at the rate of zero per cent:
Goods exported.
Goods specified in the Fifth Schedule.
Supply of stores and provisions for consumption aboard a conveyance proceeding to a
destination outside Pakistan.
such other goods, as the Federal Government may specify by notification in the official Gazette,
whenever circumstances exist to take immediate action for the purposes of national security,
natural disaster, national food security in emergency situations and implementation of bilateral
and multilateral agreements
(b) Goods identified in (a) above shall not be qualified for zero rating in the following situations:
Goods are exported but have been or are intended to be re-imported into Pakistan.
Goods have been entered for export u/s 131 of the Customs Act, 1969, but are not exported.
Goods have been exported to a country specified by the Federal Government, by notification
in the official gazette.
86 MS. ZAINAB
Computation of Sales Tax Liability
for the month of February 2020
Rs. In ‘000
Taxable Sales
Value Tax
W-1 : Apportionment of input tax Rs. In ‘000
Total residual input tax 2,788
Allocation of residual input tax to exempt and zero rated supplies
Exempt supplies (2,000/25,015 x 2,788) 223
Zero rated supplies (10,000/25,015 x2,788) 1,115
Inadmissible/ non-adjustable input tax 1,338
89 FAIZ ASSOCIATES
Computation of sales tax payable/refundable
For the period January 2020
90 CYMA ASSOCIATES
Cyma Associates
Computation of Sales Tax Payable/Refundable
For the tax period August 2019
91 SAMAAJ ASSOCIATES
Rs. Rs.
Output tax
Local taxable supplies to registered persons (Rs. 2,500,000 x 17%) 425,000
Taxable supplies to unregistered persons U/S 3 (Rs.875,000 x 17%) (Note - 2) 148,750
Person registered as exporter (625,000 x 17%)
- assumed not registered under DTRE 106,250
Supply of shampoo (Rs. 135,000 x 3 = 405,000 x 17%) 68,850
Total output tax 748,850
Rs. Rs.
Input tax
Input tax (Note - 1) 263,540
Sales tax paid on electricity bills (Rs. 70,000 + 45,000 + 68,000) 183,000
Add sales tax credit b/f 30,000
Total input (A) 293,540
90% of output tax (B) 673,965
Less: Admissible input tax: lower of (A) or (B) 293,540
Sales tax payable 455,310
Add 3% further tax on supplies to un registered persons (Rs.875,000 x 3%) 26,250
Net total sales tax payable 481,560
92 MULAQAT ASSOCIATES
Mulaqat Associates (MA)
Computation of Net Sales Tax Liability
For the tax period February 2020