FBR has recently made certain changes in the name of 'reforms', whereby the two-stream administrations of 'Sales Tax and Federal Excise' and 'Income Tax' have been abolished, creating a single administrative tier of Inland Revenue. Sales tax is levied in Pakistan in the VAT mode and it has two sides, viz. Collection side and Refund side.
The basic document in both cases is the "Goods Declaration for imports or exports", which is a Customs documents. Therefore, the sales tax levied in VAT mode has backward anchoring and forward linking in Customs procedures. The sales tax paid on the import of raw materials or inputs is refunded when the goods manufactured therefrom are exported. Because of this 180 degree cycle, VAT collection by Customs Officers, not only facilitates the industry, but also minimises the chances of commercial frauds/misuse by some unscrupulous importers/exporters.
All goods/services that are subjected to VAT / FED are classified under the Harmonised Coding System of the WCO. That's why, collection of VAT and duties of Excise is assigned to the authorities responsible for collection of the duties of Customs, in many "Successful Economies". It is also a misnomer that Customs authorities collect customs duties at import stage only.
The fact is that, apart from the duties of Customs, the officers of CEG also collect VAT, FED and WHT at the import stage. Hence, they are responsible for collection of more than 70% of the total Federal taxes, as indicated in the table below: It is also an admitted position that, in many advance economies, the Customs, besides collecting international taxes, is responsible for border security, immigration, IPR, etc.
ADMINISTRATIVE ISSUES The Income Tax and Sales Tax are inherently two different taxation systems. Income Tax being a direct tax is levied on the income of the people whereas the Sales Tax is consumption-based taxation, being collected on the taxable supplies made by the manufacturers, wholesalers, dealers and retailers. The laws, rules and procedures of both taxation systems are entirely different from each other.
The methodology of classification of goods / services, the collection procedures and legal basics over-lap and have nothing in common with Income Tax, which is a tax on income (not on goods and services).
CONSTITUTIONAL AND STATUTORY ISSUES
-- Under Article 240 of the Constitution, in the case of services of the Federation, posts in connection with the affairs of the Federation and All-Pakistan Services, the appointments to and the conditions of service of persons in the service of Pakistan" shall be determined by or under Act of Parliament.
-- Under this Article, "All-Pakistan Service" means a service common to the Federation and the Provinces, which was in existence before the commencing day {of the constitution} or which may be created by an Act of Parliament.
-- Article 240 is subject to the Constitution, meaning thereby that if any provision of the Constitution or the Act made thereunder is in conflict with the Act or the rules made under Article 240, the former would have force over the latter.
-- Under Article 242(2), the FPSC 'shall perform such functions as may be prescribed by law".
-- The Civil Servants Act, 1973 was framed under Articles 240, while FPSC Ordinance, 1977 was framed under Article 242.
-- Under section 7 of the FPSC Ordinance, 1977, the FPSC not only shall make recruitments to the posts in BS 16 and above, it shall also advise the President on the principles to be followed in making initial appointments, appointments by promotion and on making transfer from one service or occupational group to other, except as provided under section 10 of the Civil Servants Act, 1973.
-- In terms of Rule 5 of Government Servants (Applications for Services and Posts) Rules 1966, a person selected for a service for within a particular grouping given therein can't join another service within the same grouping. As Pakistan Customs & Excise Service (CEG) and Pakistan Taxation Service (ITG) have been placed in the same group therefore the appointment of ITG persons on CEG positions, and vice-versa is illegal. It may be emphasised that these rules are protected as per Article 268 of the Constitution and are still in force.
-- In terms of Article 268, all existing laws in force shall continue to be in force until amended by the appropriate legislature. The terms 'existing laws' has been defined therein and then in Article 260 to include the rules, bye-laws, regulations etc. This means that even rules, regulations etc have been elevated to the status of a statute and can be amended by legislature only.
-- It may be appreciated that the basic structure of the Civil Services remained as it was prior to the Constitution and CSA, 1973 with only changes in the nomenclature. The CSA, 1973 did not tamper with the structure of the civil services, rather it deals with the 'civil servants' (not the creation of services as such). They remained in existence as they were prior to the 1973 reforms with only change in nomenclature.
-- Creating a new service falls in the domain of the legislature. Plain reading of explanation to Article 240 clearly brings out this fact. Bottom line is that the Civil Servants are the creation of the Constitution and the laws made thereunder. Nothing less than legislature can tamper with their structure.
-- Hence, if Inland Revenue Service (IRS) is to be created, it cannot be created without the proper legislation, and that too, would be prospective ie new induction in IRS and Customs Service of Pakistan through the next competitive exams could be made.
-- The officers inducted in IRS may take the positions of BS-17 on Sales Tax / Federal Excise & Income Tax side in RTOs/LTUs. These officers would gradually replace the senior officers working in the RTOs/LTUs on Direct and Indirect Taxes sides.
-- Till such time, the Indirect Taxes ie Sales Tax and Federal Excise should be manned / managed by the officers of CEG; and promotions against these positions shall be the prerogative of the officers of CEG, as per their pre-determined conditions of service under the Constitution.
-- In terms of Art. 240 of the Constitution, the terms and conditions of a civil servant shall be determined by an Act of Parliament. If conditions of service of individuals are to be so determined and protected under the law, it makes no sense that creation of a service or a group can be done through an executive order or a subordinate legislation.
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Year VAT collected VAT at import FED collected FED at import WHT collected WHT at import
at import stage as at import stage as at import stage as
stage percentage of stage percentage stage percentage
total VAT of total of total
collection FED collection WHT collection
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2006-07 176 B 57% 4.5 B 6.26% 25.8 B 15%
2007-08 196 B 52% 7.3 B 8% 27.7 B 13.5%
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