NOTES ON CLAUSES

10 Jun, 2023
Clause 3(1)?                                             Seeks to amend section 2 (s) to enable Pakistan Customs                                                         to conduct anti-smuggling operations within                                                         municipal limits.Clause 3(2)                                              Seeks to amend section 3C of the Customs Act, 1969 to                                                         replace the name of Pakistan Customs Academy (PCA)                                                         with Customs Academy of Pakistan (CAP) to avoid                                                         duplication in nomenclature.Clause 3(3)                                              Seeks to amend section 7 of the Customs Act, 1969 to                                                         include Provincial Levies and Khasadar Force in the list                                                         of departments which are bound to provide assistance to                                                         Customs whenever requested.Clause 3(4)(a)                                           Seeks to amend section 19(1) to help implement                                                         agreements of Government of Pakistan with an entity.Clause 3(4)(b)                                           Seeks to amend 19(5) to give continuity to the                                                         notifications issued under section 19 during                                                         the financial year.Clause 3(5)                                              Seeks to amend section 25A to consult and not                                                         incorporate straightaway internationally acclaimed                                                         publications, periodicals, bulletins etc. to determine truth,                                                         and accuracy of the declared values. With the proposed                                                         amendment, the proviso to Section 25-A of the Customs                                                         Act, 1969 shall be harmonious with Section 25, 25-A and                                                         the WTO Valuation Agreement.Clause 3(6)                                              Seeks to amend section 79 to legally bind the owner of                                                         goods to file GDs within three days after arrival of goods                                                         at border Custom stations to ease out congestion.Clause 3(7)                                              Seeks to amend section 98 to enhance the warehousing                                                         period for perishable items to facilitate the trade.Clause 3(8)                                              Seeks to amend sub-section (1) of section 139 to facilitate                                                         the passengers travelling as a group who cannot file their                                                         own declarations, by allowing the representative to file                                                         baggage declaration on behalf of the group members.Clause 3(9)(a)                                           Seeks to amend S.No.1 of the Table of section 156(1) to                                                         rationalize the pitch of penalty for the offense of                                                         (a)invoice and packing list not found inside the container,                                                         and (b) invoice and packing list not uploaded                                                         electronically with the GD, with a view to redress the                                                         grievances of the trade. The National Assembly Standing                                                         Committee on Finance also observed that the current                                                         penalties are very harsh for the trade.Clause 3(9)(b)                                           Seeks to amend S.No.8 of the Table of section 156(1) to                                                         make penal provisions more stringent in relation                                                         to smuggling of essential commodities.Clause 3(9)(c)                                           Seeks to amend S.No.9 of the Table of section 156(1) to                                                         make penal provisions more stringent in relation to the                                                         goods imported or exported in contravention of the                                                         restrictions imposed thereon.Clause 3(9)(d)                                           Seeks to amend S.No.89 of the Table of section 156(1) to                                                         make penal provisions more stringent in relation                                                         to smuggling of goods as defined in section 2(s).Clause 3(9)(e)                                           Seeks to amend S.No.90 of the Table of section 156(1) to                                                         make penal provisions more stringent in relation to                                                         evasion of duty/taxes and breach of prohibitions                                                         or restrictions.Clause 3(10)                                             Seeks to add proviso to section 179(2) to provide option                                                         to the respondent to go for adjudication through Customs                                                         Computerized System with a view to reduce the                                                         clearance time and eliminate human interaction.Clause 3(11)                                             Seeks to amend section 182 to enable Pakistan Customs                                                         to utilize the confiscated conveyance and any other useful                                                         equipment for anti-smuggling operations.Clause 3(12) Seeks to amend section 185Dto ensure merit in the investigation                                                         of criminal cases.Clause 3(13)                                             Seeks to insert a new clause in section 194A (1) to                                                         align it withChapter 10                                               of the revised Kyoto Convention of WCO.Clause 3(14)                                             Seeks to insert a proviso in section 208 to allow                                                         self-filing of GD to the compliant tax payers.Clause 3(15)                                             Seeks to omit clause (iii) of sub section (2) of section                                                         212B as interpretation of any statute concerning                                                         leviability in respect of ongoing transactions which                                                         otherwise lies in the domain of FBR, falls outside                                                         the purview of Advance Ruling.Clause 3(16)                                             Seeks to amend First Schedule to the Customs Act, 1969                                                         with the First Schedule to this Act.Clause 3(17)(A)(i)                                       Seeks to amend in serial 21 of Part-I of Fifth Schedule to                                                         exempt customs duties on import of machinery,                                                         equipment and inputs for manufacturing of solar panels,                                                         inverters and batteries.Clause 3(17)(A)(ii)                                      Seeks to amend serial 26 of Part-I of Fifth Schedule to                                                         extend the date of duty free imports of plant, machinery                                                         and equipment for setting up of industries in erstwhile                                                         FATA Areas till 30th June, 2024.Clause 3(17)(B)(i)(a)&(b)                                Seeks to amend Table-A, Part-II of Fifth                                                         Schedule to delete 01 Active Pharmaceutical Ingredients                                                         (APIs) and included 01 another API in the existing list of                                                         exemption regime.Clause 3(17)(B)(ii)                                      Seeks to amend Table-C, Part-II of Fifth Schedule to                                                         include 03 medicines in the existing list of                                                         exemption regime.Clause 3(17)(B)(iii)                                     Seeks to amend Table-D, Part-II of Fifth Schedule to                                                         include 01 raw materials for Pharma packing in                                                         existing list of concessionary regime.Clause 3(17)(C)(i)                                       Seeks to insert new serial number 9A, to exempt customs                                                         duties on import of seeds for sowingClause 3(17)(C)(ii)                                      Seeks to delete serial numbers 44, 56, 63 and 88 in                                                         Part-III, of Fifth Schedule to remove duplication and                                                         streamline the concession / exemption on raw material /                                                         inputs for diaper/sanitary napkins.Clause 3(17)(C)(iii)                                     Seeks to amend serial number 107 of Part-III of Fifth                                                         Schedule to include specific papers for printing of                                                         Holy Quran.Clause 3(17)(C)(iv)                                      Seeks to amend serial No. 111 of Part-III, of Fifth                                                         Schedule to streamline the concession / exemption on                                                         raw material / inputs for diaper / sanitary napkins.Clause 3(17)(C)(v)                                       Seeks to amend serial No. 113 of Part-III, of Fifth                                                         Schedule to rectify the exemption on raw materials /                                                         inputs for hemodialyzers fluid/powder.Clause 3(17)(C)(vi)                                      Seeks to amend serial No. 119 of Part-III, of Fifth                                                         Schedule to exempt customs duties on import of Organic                                                         composite solvents and thinners for manufacturers of                                                         Butyl Acetate and Dibutyl Orthophthalates.Clause 3(17)(C)(vii)                                     Seeks to amend serial No. 122 of Part-III, of Fifth                                                         Schedule to include one more input “roasted peanuts” in                                                         the existing list of inputs used in the production Ready to                                                         Use Supplementary Foods (RUSF).Clause 3(17)(C)(viii)                                    Seeks to amend serial No. 134 of Part-III, of Fifth                                                         Schedule to allow import of PET Scrap on reduced rate                                                         for the manufactures of Polyester Filament Yarn.Clause 3(17)(C)(ix)                                      Seeks to amend serial No. 151 of Part-III, of Fifth                                                         Schedule to extend concession of customs duty on import                                                         of Flavouring powders for food preparation.Clause 3(17)(C)(x)                                       Seeks to add new serial No.153 to 159 in Part-III, of Fifth                                                         Schedule to exempt customs duties on import of raw                                                         materials / inputs for manufacturers of Adhesive Tap,                                                         Capacitors, Moulds and Dies, Mining machinery,                                                         Machine Tools and Rice mill machinery and imports by                                                         the exporters of IT and IT enabled services.Clause 3(17)(D)                                          Seeks to delete the Part-V of Fifth Schedule to align the                                                         Auto Industry Development and Export Policy (AIDEP)                                                         2021-26Clause 3(17)(E)(i)(ii)&(iii)                             Seeks to amend Table-II of Part-V(A) to rectify                                                         the PCT codes of electric motors.Clause 3(17)(F)                                          Seeks to substitute the Part-V(B) of Fifth Schedule to                                                         align the Auto Industry Development and Export Policy                                                         (AIDEP) 2021-26Clause 3(17)(G)                                          Seeks to amend serial No. 2 of Table-A, of Part-VII, to                                                         include live baby shrimp/prawns/juvenile in the existing                                                         exemption regime for production and breeding. Scope of                                                         exemption also extended for hatcheriesSALES TAX ACT, 1990Clause 4(1)(a)                                           Seeks to omit the expression “production, transmission                                                         and distribution of electricity,” after the word “include”                                                         in clause (12) of section 2Clause 4(1)(b)                                           Seeks to omit sub-clause (e) of clause 33 of section 2Clause 4(1)(c)                                           Seeks to omit sub-clauses (e) and (ga) of clause (43A)                                                         of section 2Clause 4(2)                                              Seeks to substitute section 30CAClause 4(3)                                              Seeks to substitute the words “goods or class of goods as                                                         specified by the Board under sub-section (1) of section                                                         40C” for the words “cigarette packs” in column (1) of                                                         clause (23) of section 33Clause 4(4)(a)                                           Seeks to insert new serial number 8A after serial number                                                         8 in the Fifth ScheduleClause 4(4)(b)                                           Seeks to substitute clause (xxv) of serial number 12 of                                                         the Fifth ScheduleClause 4(4)(c)                                           Seeks to insert the expression “commodities,” after the                                                         words “supplies of” of serial number 21 of the Fifth                                                         Schedule Clause 4(5)(I)(a),(b)& (c) Seeks to substitute                                                         the word “under” for the words “in retailpacking bearing” of serial numbers,16, 17 and 18 of Table-1 of the Sixth                                                         ScheduleClause 4(5)(I)(d)                                        Seeks to add Explanation in serial number 121 of Table-1                                                         of the Sixth ScheduleClause 4(5)(I)(e)&(f)                                    Seeks to substitute the expression “30th June, 2024” for                                                         the expression “30th June, 2023” in Table-I of the                                                         Sixth ScheduleClause 4(5)(I)(g)                                        Seeks to omit serial numbers 159 and 160 of Table-1                                                         of the Sixth ScheduleClause 4(5)(I)(h)                                        Seeks to add new serial numbers 175, 176, 177, 178, 179,                                                         180 and 181 after serial number 174 of Table-1 of the                                                         Sixth ScheduleClause 4(5)(II)(a),(b), (c),(d),(e),(f),(g)&(h) Seeks to omit the words “in retail                                                         packing” after the word “sold” in serial numbers 32, 34,                                                         35, 36, 37, 39, 41 and 42 of Table-2 of the Sixth                                                         ScheduleClause 4(6)(a)                                           Seeks to substitute the expression “15%” for the                                                         expression “12%” in serial number 66 of Table-1 of the                                                         Eighth ScheduleClause 4(6)(b)                                           Seeks to substitute serial numbers 81 and 82 of                                                         Table-1 of the Eighth ScheduleICT (TAX ON SERVICES) ORDINANCE, 2001Clause 5(1)(i)                                           Seeking to insert new clause (a) of sub-section (2A) of                                                         section 3Clause 5(1)(ii)                                          Seeks to insert the expression “and serial number 8A”                                                         after the expression “serial number 2” in clause (b) of                                                         sub-section (2A) of section 3Clause 5(2)(i)                                           Seeks to substitute serial number 1 of Table-1 of the                                                         ScheduleClause 5(2)(ii)                                          Seeks to substitute the word “Fifteen” for the word                                                         “Sixteen” in serial number 11 of the ScheduleClause 5(2)(iii)                                         Seeks to add new serial number 60 after serial number 59                                                         of Table-1 of the ScheduleClause 5(3)                                              Seeks to substitute serial number 11 of Table-2 of                                                         the ScheduleINCOME TAX ORDINANCE, XLIX OF 2001Clause 6(1)                                              Seeks to amend section 2 (definitions)Clause 6(1)(a)                                           Seeks to amend definition of income to include any                                                         amount subject to collection or deduction of tax under                                                         section 236ZClause 6(1)(b)(i)&(ii)                                   Seeks to enhance the scope of definition of permanent                                                         establishment by amendment in clause (41)Clause 6(1)(c)                                           Seeks to broaden the definition of SME by including IT                                                         & IT enabled services and increasing the business                                                         turnover limit to 800 millionClause 6(2)                                              Seeks to insert new sub-section (5A) in section 4CClause 6(3)(i)&(ii)                                      Seeks to add a new clause (lb) in section 39 to add                                                         income from bonus shares issuance as “income from                                                         other sources”Clause 6(4)                                              Seeks to insert a new section 44A to operationalize the                                                         exemptions and incentives provided under Foreign                                                         Investment (Promotion and Production) Act, 2022Clause 6(5)                                              Seeks to insert a new section 65I to provide tax credit for                                                         construction of a new house by an individualClause 6(6)(a)                                           Seeks to substitute sub-section (1) of section 85 to                                                         elaborate the concept of associates and to include resident                                                         of jurisdiction with zero taxation regime in the ambit                                                         of associateClause 6(6)(b)                                           Seeks to add definition of jurisdiction with zero taxation                                                         regime in sub-section (5) of section 85Clause 6(7)                                              Seeks to add a new charging section 99D to impose an                                                         additional tax up to the rate of fifty percent on any                                                         income, profits on gains for the tax year 2023 and                                                         onwards arising due to economic factors as determined                                                         and notified by the Federal Government.Clause 6(8)                                              Seeks to enhance the limit in sub-section (4) of section                                                         111 to rupee equivalent of one hundred thousand United                                                         States dollarsClause 6(9)                                              Seeks to add explanation in clause (c) of sub-section                                                         (2) of section 113Clause 6(10)                                             Seeks to add a new section 146D for recovery of liability                                                         outstanding under other laws.Clause 6(11)(i),(ii)and (iii) Seeks toamend section 147 to clarify and to provide                                                         that tax assessed includes tax payable under section 4C                                                         for the purposes of calculating advance tax payableClause 6(12)                                             Seeks to amend sub-section (5A) of section 152 to                                                         provide for automatic issuance of exemption certificate                                                         upon expiry of thirty days of receipt of notice by                                                         the CommissionerClause 6(13)                                             Seeks to amend sub-section (3B) of section 154Clause 6(14)                                             Seeks to relax the condition of filing of sales tax returns                                                         for exporters of IT & IT enabled servicesClause 6(15)                                             Seeks to amend the marginal note of section 164AClause 6(16)                                             Seeks to amend sub-section (3) of section 168                                                         consequent to new insertion of sub-section (7) of                                                         section 236ZClause 6(17)                                             Seeks to amend clause (b) of sub-section (1) of section                                                         169 consequent to new insertion of sub-section (7)                                                         of section 236ZClause 6(18)                                             Seeks to amend clause (b) of sub-section (2) of                                                         section 218Clause 6(19)                                             Seeks to insert a new section 231AB for deduction of tax                                                         on cash withdrawals from persons not appearing in                                                         the ATLClause 6(20)                                             Seeks to insert a new section 231C for collection of tax                                                         from the agency, sponsor or an employer hiring the                                                         services of a foreign domestic workerClause 6(21)(a)&(b)                                      Seeks to exempt a non-resident individuals holding POC,                                                         NICOP and CNIC acquiring property through SBP                                                         notified FCVA and NRVA account from collection of                                                         tax under section 236K on purchase of said propertyClause 6(22)                                             Seeks to insert a new section 236Z for collection of tax                                                         on bonus shares issued by a companyClause 6(23)                                             Seeks to amend the First Schedule to the Income Tax                                                         Ordinance, 2001Clause 6(23)(A)(1)                                       Seeks to substitute Table in Division IIB of Part-I to                                                         provide income slabs and tax rates for section 4CClause 6(23)(A)(2)                                       Seeks to substitute S. No. 4 in the Table in Division IX                                                         of Part I with new Serial Nos. 4 and 5 to provide for                                                         minimum tax rate for listed companies under section                                                         113 at 1%Clause 6(23)(B)                                          Seeks to amend S. No. 3 in the Table in Part II to provide                                                         rate of collection of advance tax under section 148 for                                                         commercial importersClause 6(23)(C)(1)(i), (ii) and (iii)                    Seeks to amend paragraphs (4), (5)                                                         and (6) of Division II of Part III to provide for increase of                                                         1% in rates of withholding tax by PE of a non-resident on                                                         payments against sale of goods, rendering of services and                                                         contracts under section 152(2A) Clause 6(23)(C)(2)(i),                                                         (ii) and (iii) Seeks to amend sub-paragraph (b) of                                                         paragraph (1), subparagraphs (i) & (ii) of paragraph (2)                                                         and sub-paragraph (ii) & (iii) of paragraph (3) of Division                                                         III of Part III to provide for increase of 1% in rates of                                                         withholding tax by prescribed persons on payments                                                         against sale of goods, rendering of services and contracts                                                         under section 153Clause 6(23)(C)(3)                                       Seeks to amend S. No. 1 in the table in Division IVA of                                                         Part III for application of reduced rate of 0.25% on                                                         export proceeds of software, IT Services and IT enabled                                                         services for tax year 2024 up to tax year 2026Clause 6(23)(D)                                          Seeks to increase the rate of advance tax deduction under                                                         section 236Y from 1% to 5% of the gross amount                                                         remitted abroad through credit, debit or prepaid cardsClause 6(24)                                             Seeks to amend the Second Schedule to the Income                                                         Tax Ordinance, 2001Clause 6(24)(A)(i)                                       Seeks to insert new entries in Table 1 of sub-clause (1)                                                         of clause (66)Clause 6(24)(A)(ii)                                      Seeks to extend the limitation of exemption from 30th                                                         day of June 2023 to 30th day of June 2024 on profit and                                                         gains on sale of immoveable property or shares of                                                         Special Purpose Vehicle to any REIT schemeClause 6(24)(A)(iii)                                     Seeks to extend the limitation of exemption from 30th                                                         day of June 2023 to 30th day of June 2024 on                                                         any income of any individual domiciled or company and                                                         AOP resident in e Tribal Area forming part of the                                                         Provinces of Khyber Pakhtunkhwa and Balochistan.Clause 6(24)(A)(iv)                                      Seeks to amend clause (150) of Part IClause 6(24)(A)(v)                                       Seeks to insert new clause (154) in Part I to provide tax                                                         holiday to SME setup exclusively as agro based industry                                                         for five years up to tax year 2028Clause 6(24)(B)                                          Seeks to insert new clauses (21) and (22) in Part IIIClause 6(24)(C)(i)                                       Seeks to add new sub-clause (xlvi) in clause (11A)                                                         of Part IVClause 6(24)(C)(ii)                                      Seeks to omit clause (100) of Part IVClause 6(24)(C)(iii)                                     Seeks to insert new clauses (121), (122), (123) and                                                         (124) in Part IVClause 6(25)                                             Seeks to insert new rule (6DB) in the Fourth ScheduleClause 6(26)                                             Seeks to insert new rule (4AC) in the Fifth ScheduleClause 6(27)(a)                                          Seeks to amend rule 7CA in the Seventh ScheduleClause 6(27)(b)                                          Seeks to insert new rule (7CB) in the Seventh ScheduleClause 6(27)(c)                                          Seeks to amend sub-rule (1) of rules 7D, 7E and 7F in                                                         the Seventh ScheduleClause 6(27)(d)                                          Seeks to insert new rule 7G in the Seventh Schedule to                                                         provide reduced rate of on additional advances for IT &                                                         IT enabled servicesClause 6(28)                                             Seeks to insert new rule 4A in the Eighth Schedule to                                                         provide for competition, collection and payment of tax                                                         under section 4C by NCCPL on the amount of capital                                                         gains computed under the Eighth ScheduleClause 6(29)                                             Seeks to insert new entries in the Table of Thirteenth                                                         ScheduleClause 6(30)(a)                                          Seeks to substitute rule 2 of the Fourteenth ScheduleClause 6(30)(b)&(c)                                      Seeks to insert new category at S.No.3 in the Table in                                                         rules 3 and 4 of the Fourteenth ScheduleFEDERAL EXCISE ACT, 2005Clause 7(1)                                              Seeks to add new clause (e) after clause (d) of                                                         sub-section (1) of section 3Clause 7(2)                                              Seeks to add new clause (d) after clause (c) of                                                         sub-section (2) of section 29Clause 7(3)                                              Seeks to add new sub-section (4) after sub-section (3) of                                                         section 40Clause 7(4)(a)                                           Seeks to add new serial numbers 60 and 61 after serial                                                         number 59 of Table-I of the First ScheduleClause 7(4)(b)                                           Seeks to substitute serial number 11 of Table-II of First                                                         ScheduleClause 7(5)(a)                                           Seeks to add new serial number 26 after serial number 25                                                         of Table-I of the Third ScheduleClause 7(5)(b)                                           Seeks to add new serial number 15 after serial number 14                                                         of Table-II of the Third Schedule The Statement of                                                         estimated Tax Expenditure of the Federal Government as                                                         required under Section 8 of Public Finance Management                                                         Act 2019 is appended at the end of thisbill as Annex-A.================================================================================================================

Copyright Business Recorder, 2023

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