FBR Preparation Notes 1
FBR Preparation Notes 1
1. The Income Tax for a person for a tax year shall be the __________ income
of the person for the year reduced (but not below zero) by the total of any
deductible allowances.
a) Taxable
b) Exempt
c) Total
d) None of the above
2. The total income of a person for a tax year shall be the sum of
the____________.
a) income under all heads of income for the year + exempt income for the
year
b) Total income + exempt income
c) Normal tax regime income + Final tax regime income
d) Final tax regime income + Separate block of income
3. For the purposes of the imposition of tax and the computation of total
income, all income shall be classified under the following
___________heads of income.
a) Income from salary + income from property
b) Income from salary + income from property + Income from Business
c) Income from salary + income from property + Income from Business +
Capital gains
d) Income from salary + income from property + Income from Business +
Capital gains
e) Income from salary + income from property + Income from Business +
Capital gains + income from other sources
4. The income of a person under a head of income for a tax year shall be the
total of the amounts derived by the person in that year that are
______________________ to tax under the head as reduced by the total
deductions, if any, allowed under this Ordinance to the person for the year
under that head.
a) Exempted
b) Allowed
c) Chargeable
d) None
5. A loss under the head of income will arise where total deductions allowed
under this Ordinance to a person for a _________________ under a head of
income exceed the total income chargeable to tax.
a) Whole month
b) Tax year
c) Half year
d) None
6. The income of a resident person shall be computed by taking into account
amount that are _________________Pakistan source income and amounts
that are _____________ income.
a) Only Pakistan source income
b) Only foreign source income
c) Pakistan source income + Foreign source income
d) None of the above
7. The income of a non-resident person shall be computed by taking into
account only amounts that are _______________________.
a) Foreign-source income
b) Pakistan-source income
c) Both Pakistan source income and foreign-source income
d) None of the above
Chapter I
The Sales Tax Act III of 1951 is amendment now VII of 1990.
Substituted for the words “or consumption of goods” by the Finance Act, 1960.
Substituted for the words “or consumption of goods” by the Finance Act, 1960.
Chapter I to X substituted for Chapters I to XVI by the Finance Act, 1990.
Brackets and word “(Amendment)” omitted by the Finance Act, 1991.
Sales Tax Act 1990 forced all over Pakistan on 1st November, 1990.
(1A) “Appellate Tribunal” means the Appellate Tribunal Inland Revenue
established under section 130 of the Income Tax Ordinance, 2001 (XLIX of 2001)
(2A) “arrears”, in relation to a person, means, on any day, the sales tax due and
payable by the person under this Act before that day but which has not yet been
paid.
(3A) “association of persons” includes a firm, a Hindu undivided family, any
artificial juridical person and anybody of persons formed under a foreign law, but
does not include a company.
(3AA) “banking company” means a banking company as defined in the Banking
Companies Ordinance, 1962 (LVII of 1962) and includes anybody corporate which
transacts the business of banking in Pakistan.
Clause (3A) Re-Named as (3AA). Earlier it was inserted by Finance Act, 2004.
(4) “Board” means the Federal Board of Revenue established under section 3 of
the Federal Board of Revenue Act, 2007
(4A) “Chief Commissioner” means a person appointed as the chief Commissioner
Inland Revenue under section 30
(4AA) “Commissioner (Appeals)” means Commissioner of Inland Revenue
(Appeals) appointed under section 30
(5) “Commissioner” means the Commissioner of Inland Revenue appointed under
section 30
(5A) “common taxpayer identification number” means the registration number
or any other number allocated to a registered person
(5AA) “company” means –
(a) A company as defined in the Companies Ordinance, 1984 (XL VII of 1984)
(b) A body corporate formed by or under any law in force in Pakistan
(c) A modaraba
(d) A body incorporated by or under the law of a country outside Pakistan relating
to incorporation of companies;
(e) A trust, a co-operative society or a finance society or any other society
established or constituted by or under any law for the time being in force
(5AAA) “computerized system” means any comprehensive information
technology system to be used by the Board or any other office as may be notified
by the Board, for carrying out the purposes of this Act
(5AB) “cottage industry” means a manufacturing concern, which fulfils each of
following conditions, namely:-
(a) Does not have an industrial gas or electricity connection;
(b) Is located in a residential area
(c) Does not have a total labor force of more than ten workers; and
(d) Annual turnover from all supplies does not exceed 10 million rupees
(5AC) “CREST” means the computerized program for analyzing and cross
matching of sales tax returns, also referred to as COMPUTERISED RISK-BASED
EVALUATION of SALES TAX:
(6) “Customs Act” means the Customs Act, 1969 (IV of 1969), and where
appropriate all rules and notifications made under that Act:
(6A) “defaulter” means a person and, in the case of company or firm, every
director, or partner of the company, or as the case may be, of the firm, of which he
is a director or partner or a proprietor and includes guarantors or successors, who
fail to pay the arrears
(6B) “default surcharge” means the default surcharge levied under section 34
(7) “distributor” means a person appointed by a manufacturer, importer or any
other person for a specified area to purchase goods from him for further supply and
includes a person who in addition to being a distributor is also engaged in supply
of goods as a wholesaler or a retailer;
(8) “Document” includes any electronic data, computer programmer, computer
tapes, computer disks, micro-films or any other medium for the storage of such
data
(9) “Due date” in relation to the furnishing of a return 2 under section 26,3,4,5
means the 6[15th] day of the month
(11B) “firm” means the relation between persons who have agreed to share the
profits of a business carried on by all or any of them acting for all
(12) “Goods” include every kind of movable property other than actionable claims,
money, stocks, shares and securities;
(12A) “green industry” in relation to the entry at serial number 150 of the Table-1
of the Sixth Schedule
(13) “importer” means any person who imports any goods into Pakistan
(14) “input tax”, in relation to a registered person, means
(14A) the expression “KIBOR” means Karachi Inter-Bank Offered Rate prevalent
on the first day of each quarter of the financial year
(15) “Local Inland Revenue Office” means the office of Superintendent of Inland
Revenue
(18) “Officer of Inland Revenue” means an officer appointed under section 30
(18A) “online market place” includes an electronic interface such as a market
place, e-commerce platform, portal or similar means which facilitate sale of goods,
including third party sale, in any of the following manner, namely:
Chapter II
(11B) Assessment giving effect to an order.
(1) Except where sub-section (2) applies, where, in consequence of, or to give
effect to, any finding or direction in any order made under Chapter-VIII by the
Commissioner (Appeals), Appellate Tribunal, High Court or Supreme Court an
order of assessment of tax is to be issued to any registered person, the
Commissioner or an officer of Inland Revenue empowered in this behalf shall
issue the order within one year from the end of the financial year in which the
order of the Commissioner (Appeals), Appellate Tribunal, High Court or Supreme
Court, as the case may be, was served on the Commissioner or officer of Inland
Revenue.
(2) Where, by an order made under Chapter-VIII by the Appellate Tribunal, High
Court or Supreme Court, an order of assessment is remanded wholly or partly and
the Commissioner or Commissioner (Appeals) or officer of Inland Revenue, as the
case may be, is directed to pass a new order of assessment, the Commissioner or
Commissioner (Appeals) or officer of Inland Revenue, as the case may be, shall
pass the new order within one year from the end of the financial year in which the
Chapter III
(21A) Active taxpayers list (ATL)
The Board shall have the power to maintain active taxpayers list in the manner as
may be prescribed by rules and such rules may provide for the restrictions and
limitations to be imposed on a person who ceases to be an active taxpayer
Chapter IV
(25AA) Transactions between Associates
The Commissioner or an office of Inland Revenue may, in respect of any
transaction between persons who are associates, determine the transfer price of
taxable supplies between the persons as is necessary to reflect the fair market value
of supplies in an arm’s length transaction.
(2) The Board may, by notification in official gazette, prescribe rules for
carrying out the purpose of sub-section (1)
Existing sub-section renumbered as sub-section (1) and new sub-section (2)
inserted by Finance Act, 2021.
Chapter V
(26AB) Extension of time for furnishing returns.
(1) A registered person required to furnish a return under section 26 may apply, in
writing, to the Commissioner for an extension of time to furnish the return.
(2) An application under sub-section (1) shall be made by the due date for
furnishing the return in terms of section 2(9) for the period to which the application
relates.
(3) Where an application has been made under sub-section (1) and the
Commissioner is satisfied that the applicant is unable to furnish the return to which
the application relates by the due date because of–
Chapter VI
APPOINTMENT OF (OFFICERS OF SALES TAX) &
THEIR POWERS
(30) Appointment of Authorities:
(1) For the purposes of this Act, the Board may, appoint in relation to any area,
Person or class of persons, any person to be –
(a) A chief commissioner of Inland Revenue
(b) A commissioner of Inland Revenue
(c) A commissioner of Inland Revenue (Appeals)
(d) An Additional commissioner of Inland Revenue
(e) A Deputy Commissioner of Inland Revenue;
(f) District Taxation Officer Inland Revenue;]
(g) An Assistant commissioner of Inland Revenue
(h) Assistant Director Audit Inland Revenue
(i) An Inland Revenue Officer
(j) A Superintendent Inland Revenue
(k) An Inland Revenue Auditor Officer
Chapter-VII
OFFENCES AND PENALTIES
37A. Power to arrest and prosecute
(1) An officer of 4[Inland Revenue not below the rank of an Assistant
Commissioner of Inland Revenue] or any other officer of equal rank authorized by
the 5[Board] in this behalf, who on the basis of material evidence has reason to
believe that any person has committed a tax fraud 6[or any offence warranting
prosecution under this Act 7. 8[may cause arrest of such person.]
(2) All arrests made under this Act shall be carried out in accordance with the
relevant provisions of the Code of Criminal Procedure, 1898 (Act V of 1898).
(1) When [an officer of Inland Revenue] authorized in this behalf arrests a person
under Section 37A, he shall immediately intimate the fact of the arrest of that
person to the Special Judge who may direct such Officer to produce that person at
considers such time and place and on such date as the Special Judge considers
expedient and such Officer shall act accordingly.
(1) Where any officer of [Inland Revenue] has reason to believe that any
documents or things which in his opinion, may be useful for, or relevant to, any
proceedings under this Act are kept in any place, he may after obtaining a warrant
from the magistrate, enter that place and cause a search to be made at any time
Chapter-IX
RECOVERY OF ARREARS
48. Recovery of arrears of tax
(1) [Subject to sub-section (1A), where any amount of tax 2 is due from any
person, the officer of [Inland Revenue] may:-
(a) Deduct the amount from any money owing to person from whom such amount
is recoverable and which may be at the disposal or in the control of such officer or
any officer of Income Tax, Customs or Central Excise Department.
CHAPTER I
PRELIMINARY
(1A) “Active taxpayer’ list” means the list instituted by the Board under Section
181A and includes such list issued by the Azad Jammu and Kashmir Central Board
of Revenue or Gilgit Baltistan Council Board of Revenue
(2) “Appellate Tribunal” means the Appellate Tribunal Inland Revenue established
under section 130
(3) “approved gratuity fund” means a gratuity fund approved by the Commissioner
in accordance with Part III of the Sixth Schedule
(10A) “business bank account” means a bank account utilized by the taxpayer for
business transaction declared to the Commissioner through original or modified
registration form prescribed under section 181
(30AB) KIBOR means Karachi Inter Bank Offered Rate prevalent on the first day
of each quarter of the financial year
(30AC) “Iris” means a web based computer programmed for operation and
management of Inland Revenue taxes and laws administered by the Board
(31A) “Local Government” shall have the same meaning for respective provisions
and Islamabad Capital Territory as contained in the Baluchistan Local Government
Act,2010 (V of 2010), the Khyber Pakhtunkhwa Local Government Act, 2013
(XXVIII of 2013), the Sindh Local Government Act, 2013 (XLII of 2013), the
Islamabad Capital Territory Local Government Act, 2015 (X of 2015) and the
Punjab Local Government Act, 2019(XIII of 2019)]
CHAPTER III
PART I
PART VII
(1) The income of an individual entitled to privileges under the Diplomatic and
Consular Privileges Act, 1972 (IX of 1972) shall be exempt from tax under this
Ordinance to the extent provided for in that Act.
(1) Any Pakistan-source income which Pakistan is not permitted to tax under a tax
treaty shall be exempt from tax under this Ordinance.
(1) Any allowance attached to any Honor, Award, or Medal awarded to a person
by the President of Pakistan shall be exempt from tax under this Ordinance.
47. Scholarships.
Any scholarship granted to a person to meet the cost of the person’s education
shall be exempt from tax under this Ordinance, other than where the scholarship is
paid directly or indirectly by an associate
(1) The income of the Federal Government shall be exempt from tax under this
Ordinance.
PART VIII
LOSSES
56. Set off of losses.
(1) Subject to sections 58 and 59, where a person sustains a loss for any tax year
under any head of income specified in section 11, the person shall be entitled to
have the amount of the loss set off against the person’s income, if any, chargeable
to tax under any other head of income except income under the head salary for the
year.
(1) Where a person sustains a loss for a tax year in respect of a speculation
business carried on by the person (hereinafter referred to as a “speculation loss”),
the loss shall be set off only against the income of the person from any other
speculation business of the person chargeable to tax for that year.
(1) Holding companies and subsidiary companies of 100% owned group may opt
to be taxed as one fiscal unit. In such cases, besides consolidated group accounts as
required under the Companies Act, 2017 (XIX of 2017), computation of income
and tax payable shall be made for tax purposes
PART IX
DEDUCTIBLE ALLOWANCES
60. Zakat
(1) A person shall be entitled to a deductible allowance for the amount of any
Zakat paid by the person in a tax year under the Zakat and Usher Ordinance, 1980
(XVIII of 1980).
(1) Every individual shall be entitled to a deductible allowance for the amount of
any profit or share in rent and share in appreciation for value of house paid by the
individual in a tax year on a loan by a scheduled bank or non-banking finance
institution regulated by the Securities and Exchange Commission of Pakistan or
advanced by Government or the Local Government, Provincial Government or a
statutory body or a public company listed on a registered stock exchange in
Pakistan where the individual utilizes the loan for the construction of a new house
or the acquisition of a house.
PART X
TAX CREDITS
61. Charitable donations.
(1) 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
62A. Tax credit for investment in health insurance.
(1) A resident person other than a company shall be entitled to a tax credit for a tax
year in respect of any health insurance premium or contribution paid to any
insurance company registered by the Securities and Exchange Commission of
Pakistan under the Insurance Ordinance, 2000 (XXXIX of 2000), provided the
resident person is deriving income chargeable to tax under the head “salary” or
“income from business”.
(1) Where a taxpayer being a company formed for establishing and operating a
new manufacturing unit sets up a new manufacturing unit between the 1st day of
July, 2015 and the 30th day of June, 5[“2019”], (both days inclusive) it shall be
given a tax credit for a period of ten years.
PART II
TAX YEAR
74. Tax year.
(1) For the purpose of this Ordinance and subject to this section, the tax year shall
be a period of twelve months ending on the 30th day of June (hereinafter referred
to as ‘normal tax year’) and shall, subject to sub-section (3), be denoted by the
calendar year in which the said date falls.
PART III
ASSETS
77. Consideration received.
(1) The consideration received by a person on disposal of an asset shall be the total
amount received by the person for the asset or the fair market value thereof,
whichever is the higher, including the fair market value of any consideration
received in kind determined at the time of disposal.
(2) Where an asset has been lost or destroyed by a person, the consideration
received for the asset shall include any compensation, indemnity or damages
received by the person under
(a) An insurance policy, indemnity or other agreement
(b) A settlement; or
(c) A judicial decision
(1) Any income of a minor child for a tax year chargeable under the head "Income
from Business" shall be chargeable to tax as the income of the parent of the child
with the highest taxable income for that year.
CHAPTER VI
SPECIAL INDUSTRIES
PART I
INSURANCE BUSINESS
99. Special provisions relating to insurance business.
The profits and gains of any insurance business shall be computed in accordance
with the rules in the Fourth Schedule.
(1) Every taxpayer shall declare to the Commissioner the bank account utilized by
the taxpayer for business transactions
PART IV
COLLECTION AND RECOVERY OF TAX
138A. Recovery of tax by District Officer (Revenue).
(1) The Commissioner may forward to the District Officer (Revenue) of the district
in which the taxpayer resides or carries on business or in which any property
belonging to the taxpayer is situated, a certificate specifying the amount of any tax
due from the taxpayer, and, on receipt of such certificate, the District Officer
(Revenue) shall proceed to recover from the taxpayer the amount so specified as, it
were an arrear of land revenue.
(1) If a taxpayer is declared bankrupt, the tax liability under this Ordinance shall
pass on to the estate in bankruptcy
PART X
PENALTY
182. Offences and penalties.
(1) Any person who commits any offence specified in column (2) of the Table
below shall, in addition to and not in derogation
Of any punishment to which he may be liable under this Ordinance or any other
law, be liable to the penalty mentioned against that offence in column (3) thereof
1-Where any person fails to furnish a return of income as required under section
114 within the due date.
2-Such person shall pay a penalty equal to 0.1% of the tax payable in respect of
that tax year for each day of default subject to a maximum penalty of 50% of the
tax payable provided that if the penalty worked out as aforesaid is less than 40
thousand rupees or no tax is payable for that tax year such person shall pay a
penalty of 40 thousand rupees
3-Provided that If seventy-five percent of the income is from salary and the amount
of income under salary is less than five million Rupees, the minimum amount of
penalty shall be five thousand Rupees
4-Provided further that if taxable income is up-to eight hundred thousand Rupees,
the minimum amount of penalty shall be five thousand Rupees
5-Provided also that the amount of penalty shall be reduced by 75%, 50% and 25%
if the return is filed within one, two and three months respectively after the due
date or extended due date of filing of return as prescribed under the law.
6-Any person who is required to furnish or update a taxpayer’s profile but fails to
furnish or update within the due date.
114A-Such a person shall pay a penalty of Rs. 2,500 for each day of default from
the due date subject to a minimum penalty of Rs. 10,000.
1 Board 10
Inland Revenue Audit Officer
2 11
Chief Commissioner Inland Revenue District Taxation Officer Inland Revenue
3 12
Commissioner Inland Revenue Assistant Director Audit
4 13
Commissioner Inland Revenue (Appeals); Superintendent Inland Revenue
5 14
Additional Commissioner Inland Revenue Inspector Inland Revenue
6 15
Deputy Commissioner Inland Revenue Auditor Inland Revenue
7
Assistant Commissioner Inland Revenue
8
Special audit panel
9
Inland Revenue Officer
Division I
Rates of Tax for Individuals
Taxable income Rate of tax
Rs. 2,400,000 but does not exceed 60,000 + 15% of the amount
Rs. 3,000,000 exceeding Rs. 2,400,000
Rs. 3,000,000 but does not exceed 150,000 + 20% of the amount
Rs. 4,000,000 exceeding Rs. 3,000,000
CHAPTER II
LEVY, COLLECTION AND PAYMENT OF DUTY
Duty in respect of goods imported into Pakistan shall be levied and collected in the
same manner and at the same time as if it were a duty of customs payable under the
Customs Act, 1969 (IV of 1969), and the provisions of the said Act including
section 31A thereof shall apply
4. Filing of return and payment of duty etc.
For every month, a registered person shall furnish not later than the due date a true
and correct return in such manner and form as may be prescribed by the Board by
notification in the official Gazette
A registered person may, subject to approval of the [Commissioner Inland
Revenue] of Federal Excise having jurisdiction, file a revised return within one
hundred and twenty days of the filing of return under sub-section (1), to correct
any omission or wrong declaration made therein
5. Zero Rate 0% of duty and drawback of duty etc.
(1) Notwithstanding the provisions of section 3, the goods exported out of Pakistan
or such goods as may be, by a notification in the official Gazette, specified by the
Federal Government shall be charged to duty at the rate of zero per cent/ 0% and
adjustment of duty in terms of section 6 shall be admissible on such goods
8. Default surcharge.
If a person does not pay the duty due or any part thereof within the prescribed time
or receives a refund of duty or drawback or makes an adjustment which is not
admissible to him, he shall, in addition to the duty due, pay default surcharge at the
rate of 12 per cent” 6 per annum of the duty due, refund of duty or drawback
14C. Power of tax authorities to modify orders, etc
Where a question of law has been decided by a High Court or the Appellate
Tribunal in the case of a registered person, on or after first day of July 2005, the
Commissioner or an officer of Inland Revenue may, notwithstanding that he has
preferred an appeal against the decision of the High Court or made an application
for reference against the order of the Appellate Tribunal, as the case may be,
follow the said decision in the case of the said taxpayer in so far as it applies to
said question of law arising in any assessment pending before the Commissioner or
an officer of Inland Revenue, until the decision of the High Court or of the
Appellate Tribunal is reversed or modified
16. Exemptions.
(1) All goods imported, produced or manufactured in Pakistan and services
provided or rendered except such goods and services as are specified in the First
Schedule shall be exempt from whole of excise duties levied under section 3
17. Records.
(1) Every person registered for the purposes of this Act shall maintain and keep for
a period of 6 years or till such further period the final decision in any proceedings
including proceedings for assessment, appeal, revision, reference, petition and any,
proceedings before an Alternative Dispute Resolution Committee is finalized
18. Invoices.
(1) A person registered under this Act shall issue for each transaction a serially
numbered invoice at the time of clearance or sale of goods, including goods
chargeable to duty at the rate of zero per cent, or providing or rendering services
containing the following particulars, namely:–
i. name, address and registration number of the seller;
ii. name, address and registration number of the buyer;
iii. date of issue of the invoice;
iv. description and quantity of goods or as the case may be, description of services
CHAPTER III
OFFENCES AND PENALTIES
19. Offences, penalties, fines and allied matters.
(1) Any person who fails to file or files an incorrect return within the period
specified in sub-section (1) of section 4 or fails to make payment or makes short
payment of duty on any account, shall pay a penalty of [five thousand rupees in
case of non-filing of return and ten thousand rupees or five per cent of the duty
involved.
Provided that where a person files the return within fifteen days after the due date
he shall pay a penalty of one hundred rupees for each day of default”
Which may extend to twenty thousand rupees and in case of offence under clause
(b), the fine may extend to one hundred thousand rupees and he shall be punishable
with imprisonment for a term which may extend to five years or with both.
Where any goods are chargeable to duty on the basis of retail price under this Act
and the retail price is not indicated on the goods [and in case of cigarettes, retail
price, health warning and name of the manufacturer is not mentioned] in the
manner specified therein or in the rules made there under, the duty shall be charged
at the rate of 500 per cent ad valorem in case of cigarettes, and 40 per cent ad
valorem in case of goods other than cigarettes.
Any person who contravenes any provision of this Act or rules made there under
for which no penalty has specifically been provided in this section shall be liable to
pay a penalty of five thousand rupees or three percent of the amount of duty
involved, whichever is higher.
CHAPTER IV
SEARCHES, ARRESTS AND SEIZURES
25. Searches and arrests how to be made.
All searches or arrests made under this Act or any rules made there under and all
arrests made under this Act shall be carried out in accordance with the relevant
provisions of the Code of Criminal Procedure, 1898 V of 1898
CHAPTER V
POWERS, ADJUDICATION AND APPEALS
33. Appeals to Commissioner (Appeals)
Federal Excise officer aggrieved by any decision or order passed under this Act or
the rules made there under by a [officer of Inland Revenue up to the rank of
[Additional Commissioner Inland Revenue], other than a decision or order or
notice given or action taken for recovery of the arrears of duty under this Act or
rules made there under may within thirty days of receipt of such decision or order
prefer appeal there from to the [Commissioner] (Appeals).
Provided that such order shall be passed not later than [one hundred and twenty]
days from the date of filing of appeal or within such extended period, not
exceeding [sixty] days, as the [Commissioner] (Appeals) may, for reasons to be
recorded in writing, extend
34. Appeals to the Appellate Tribunal
(1) Any person or [officer of Inland Revenue] aggrieved by any of the following
orders may within sixty days of the receipt of such orders file appeal to the
Appellate Tribunal against such orders,–
(a) an order passed by the [Commissioner] (Appeals) and
(b) an order passed by the Board or the Commissioner Inland Revenue under
section 35
The Appellate Tribunal may admit, hear and dispose of the appeal as per procedure
laid down in sections 131 and 132 of the Income Tax Ordinance, 2001 (XLIX of
2001), and rules made there.
34A. Reference to High Court.
(1) Within 90 days of the communication of the order of the Appellate Tribunal
under sub-section (2A) of section 34, the aggrieved person or the Commissioner
may preference application, in the prescribed form along with a statement of the
case, to the High Court, stating any question of law arising out of such order
A reference to the High Court under this section shall be heard by a Bench of not
less than two judges of the High Court and, in respect of the reference , the
provisions of section 98 of the Code of Civil Procedure, 1908 (Act V of 1908),
shall apply
Where recovery of tax has been stayed by the High Court by an order, such order
shall cease to have effect on the expiration of a period of six month following the
day on which it was made unless the appeal is decided or such order is withdrawn
by the High Court earlier
37. Deposit, pending appeal, of duty demanded or penalty levied.
officer of Inland Revenue subordinate to him shall not issue notice under this
section or recovery rules made under the Federal Excise Rules, 2005 for recovery
of any tax due from a taxpayer if the said taxpayer has filed an appeal under
section 33 in respect of the order under which the tax sought to be recovered has
become payable and the appeal has not been decided by the Commissioner
(Appeals), subject to the condition that 10 per cent of the said amount of tax due
has been paid by the taxpayer
CHAPTER VI
SUPPLEMENTAL PROVISIONS
40. Power of Board to make rules
(1) The Board may make rules to carry into effect the purposes of any or all the
provisions of this Act including charging fee for processing of returns,
claims and other documents and for preparation of copies thereof.
For the purpose of this section, “whistleblower” means a person who reports
concealment or evasion of duty leading to detection or collection of duty,
corruption or misconduct, to the competent authority having power to take action
against the person or a federal excise authority committing fraud, corruption,
misconduct, or involved in concealment or evasion of duty
45AA. Licensing of brand name.
(1) Manufacturers of the specified goods shall be required to obtain brand license
for each brand or stock keeping unit (SKU) in such manner as may be prescribed
by the Board.
(2) Any specified brand and SKU found to be sold without obtaining a license
from the Board shall be deemed counterfeit goods and liable to outright
confiscation and destruction in the prescribed manner and such destruction and
confiscation shall be without prejudice to any other penal action which may be
taken under this Act ۔
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