The Federation of Pakistan Chambers of Commerce and Industry (FPCCI) suggested that the government should announce an amnesty for previous tax liability, including additional taxes and penalties may be announced to existing as well as new sales tax registered persons (registered up to 31.12.2004) in Budget 2004-05.
The FPCCI suggested several amendments to sales tax which includes SRO 500(I)/2003 must be revived in its original agreed form as issued on June 7, 2003, and there should be uniform rate of 10 percent sales tax instead of existing four slabs, as well as the effort should be made to broaden tax base. Further sales tax of 3 percent to the unregistered persons.
The Federation noted that further tax of 3 percent is the main cause of all ills in the sales tax System. Several importers/traders of wholesale nature do not have a profit margin of 3 percent, they are compelled to issue flying invoices and avoid 3 percent further tax for survival.
In our view elimination of 3 percent further tax will result in enhancing net sales tax collection because of the decrease in refund due to flying invoices.
It suggested that person applying for registration under the Sales Tax Act must get it within 15 days.
(i) TIME OF SUPPLY: Business norms in the society involve payments of bailment (biyana). The FPCCI suggested that a proviso be added in sub-section 2 of Section 44 suggesting that the time of making any advance payment should not be treated as "time of supply".
(ii) ISSUE OF BLACK LISTED/SUSPECTED UNITS: The Federation noted that it is against the principles of natural justice for a Collector to be satisfied on results of investigations alone and suspend registration without according a chance to the accused to rebut the charges. Although instructions have already been issued.
It, however, is suggested that section 21(4) of the Act, 1990, may be amended to providing a chance of reply to taxpayer and effect of black-listing should be prospective.
(iii) RECOVERY OF TAX NOT LEVIED OR SHORT-LEVIED OR ERRONEOUSLY REFUNDED: The FPCCI pointed out that it has been held by the Sindh High Court that an audit observation cannot be a substitute for a show-cause notice; where from any legal proceeding begins. Proviso (i) and (ii) of sub-section 3 of section 36 should be deleted in line with this ruling.
(iv) AUTHORISED OFFICERS TO HAVE ACCESS TO PREMISES, STOCKS, ACCOUNTS AND RECORDS: The FPCCI proposed that the powers to inspect documents have to be restricted to those only which can help in assessing of sales.
SEARCH WITHOUT WARRANT: Search under section 40(A) should be conducted by an officer not below the rank of Assistant Collector on written permission of Collector.
(v) APPEALS: The sub section 4 of section 45-B and section 46 requires the person desirous of preferring an appeal to deposit the tax demanded and penalty imposed under such decision or order. Admission of appeal for hearing should accord a stay on operation of impugned order subject to the time limit of six months as stipulated in the Constitution.
Correction of clerical errors, etc. A time limit may be fixed in section 57.
(vi) DELAYED REFUND: There should be an automatic implementation of section 67 without submission of application by a registered person.
(vii) CERTAIN TRANSACTIONS NOT ADMISSIBLE: Provision of Section 73 be amended as agreed between FPCCI and CBR.
(viii) SRO 578 OF THE SALES TAX ACT 1990: SRO 578 is against the basic spirit of the VAT, therefore, it should be withdrawn or alternatively be amended in such a way that it should not be in conflict with the provisions of Section 7 and 8 of the Act.
(ix) ISSUANCE OF NOTIFICATION FOR AUDIT PARAMETERS: Audit parameters be notified and made part of the Act without any further delay.
(x) SALES TAX REFUND CASES: Effort should be made to settle the pending claims of refund at the earliest, and list of all pending claims along with their status be put on the website.
(xi) REDUCTION IN GENERAL PENALTIES UNDER THE SALES TAX LAW: The registered person who is acting as agent of the government should be appreciated and encouraged for his role instead of imposing heavy penalties on him.
(xii) POWER TO MAKE RULES: Under section 50 the rules may not extended beyond the law/section of the law for which rules are made. The spirit behind the promulgation of law should not distorted.
(xii) RECORD: Under section 22 the prescribed record for the sales tax purpose should be the documents in respect of sales tax activities. The scope of the record should be as per records given in the parameters of the audit wherein records for different activities are defined for sales tax audit purpose.