FILING OF MONTHLY RETURN RULES, 1996

FILING OF MONTHLY RETURN RULES, 1996

[Gazette of Pakistan, Extraordinary, Part II, 1st July, 1996]

S.R.O. 551(1)/96, dated 1‑7‑1996.‑‑In exercise of the powers conferred by section 50 of the Sales Tax Act, 1990, read with section 26 thereof, the Central Board of Revenue is pleased to make the following rules, namely:‑‑

1. Short title, application and commencement.‑‑(1) These Rules may be called Filing of Monthly Return Rules, 1996.

(2) These shall apply to all registered persons who are required to file tax return under section 26 of the Sales Tax Act, 1990, excluding the taxpayers liable to pay tax under the fixed sales tax scheme.

(3) These shall come into force on and from the first day of July, 1996.

2. Definitions.‑‑In these Rules, unless there is anything repugnant to the subject or context,‑‑

(i) "Act" means the Sales Tax Act, 1990.

(ii) "Agreement" means the agreement executed between the Central Board of Revenue and the Bank for the purpose of payment of tax and submission of tax returns;

(iii) "Bank" means the designated branches of National Bank of Pakistan;

(iv) "return" means the sales tax return‑cum‑payment challan in the form as at Annex‑A; and

(v) "nil return" means the return indicating that no sales tax is payable by the registered person in respect of the tax period to which the tax return relates.

3. All other terms and expressions used but not defined in these rules shall have the same meaning as are assigned to them under the Act.

4. Filing of Returns.‑‑(1) Every registered person shall file the return, in triplicate, in accordance with the instructions printed on its reverse in the Bank located in the jurisdiction of the Collectorate where he is registered. .

(2) The registered person shall deposit the amount of sales tax indicated as "sales tax payable" in the return at the time of filing of return in the Bank.

(3) In case no amount of sales tax is payable by the registered person, he shall file Nil return in the Bank without depositing any amount.

5. Receipt of return by the Bank.‑‑(1) The Bank official shall ensure that the particulars entered in all the three copies of the return are identical and that the amount deposited by the registered person tallies with the amount indicated as "sales tax payable" in the return and shall thereafter sign and stamp the return indicating the date of payment of tax and submission of tax return.

(2) The Bank shall forward the original copy of the return to the Collectorate and the duplicate shall be delivered to the registered person as a receipt of payment of sales tax and filing of return and the third copy shall be retained by the Bank for its record.

(3) In case of payment through cheque, pay order or bank draft, the bank will receive the return in triplicate alongwith the instrument of payment for the amount of tax payable indicated in the return ,and issue a provisional acknowledgement receipt to the registered person.

(4) On clearance of the instrument, the Bank official shall sign and stamp the return indicating the date on which the payment is received by the Bank and the said date shall be treated as the date of payment of tax and submission of tax return. '

6. Payment of Service Charges to the Bank.‑(1) The Bank shall charge ten rupees per return (including Nil payment returns) as service charges from the Collectorates having jurisdiction in the area where the bank branches are located.

(2) For the purpose of claiming service charges referred to in sub‑rule (1), the Manager of the main branch of the Bank shall submit the claim to the Assistant Collector, Assessment and Processing Division of the concerned Collectorate in the first week of the following month supported by a statement in the form as at Annex 'B', indicating date, number of returns received, dumber of returns submitted to the Collectorate, amount of sales tax collected and amount of sales tax deposited in the State Bank of Pakistan.

(3) The Assistant Collector, Assessment and Processing Division shall verify the statement submitted under sub‑rule (2) from the Accounts, Section of the Collectorate and from his own record and where the claim is in order and the Assistant Collector is satisfied that the Bank had fulfilled its responsibility under clauses (iv), (vi) (a) and (b) of the Agreement, he shall sanction the claim and issue a cheque within a week from the date of submission of the claim. Provided that in case of delay by the Collectorate, it shall pay a penalty @15% per annum for the amount late sanctioned.

(4) If the Bank fails to fulfil the conditions specified in clause (iv), clause (vi), (a), or (b) of the Agreement, the Assistant Collector shall deduct the amount of penalty leviable thereunder on the Bank at the rate of 15% per annum against the amount late deposited in the State Bank of Pakistan from the service charges admissible to the Bank.

(5) If the returns are not submitted to the Collectorate within forty‑eight hours of the receipt of returns in the designated branches of the Bank, the service charges in respect of the returns submitted late shall also be deducted 'and the remaining amount, if any, shall be sanctioned by the Assistant Collector and cheque thereof will be issued to the Bank.

(6) For deduction of any amount under sub‑rule (4), the Assistant Collector shall intimate the Bank the reasons thereof within seven days of deduction.

(7) Where it is: not clear whether deduction should be made the Assistant Collector shall require the Bank clarification before taking a decision:

(8) All public holidays and the number of days the Collectorate is prevented from functioning due to the factors beyond its control shall be excluded while calculating delay in sanctioning the claim for service charges.

(9) Where the Assistant Collector requires any clarification from the Bank, the time taken by the Bank for this purpose shall be excluded from the time specified for sanctioning the service charges claim.

Annex. A

ST‑1 V.1

GOVERNMENT OF PAKISTAN

SALES TAX RETURN CUM PAYMENT CHALLAN

PART‑1
(01) SALES TAX REGISTRATION NUMBER	(02) Taxpayer IDENTIFICATION NUMBER (TIN)
(03) NAME & ADDRESS	(4) TAX PERIOD
	MONTH YEAR
(05) Outstanding Sales Tax Credit (Input Tax) Rs. for the preceding period if any.

(06) Sales

TAXABLE GOODS			VALUE (Exclude. Tax)	RATE	SALES TAX DUE (Output Tax)
Exempt Goods				ZERO
Exported Goods
TOTAL

(07)      PURCHASES

DOMESTIC TAXABLE GOODS	VALUE (Exeld. Tax)	RATE	SALES TAX PAID (Intput Tax)
IMPORTED TAX GOODS
Exempted goods
TOTAL
(08) Sales Tax Payable [6 ‑ (7 + 5 )]:                                   Rs.
(09) Sales Tax Credits carried forward                      Rs.        or Refund claimed [(7 + 5) ‑ 6].

DECLARATION

I declare that the above particulars are true and correct.

Sig. of Authorised Person with Office Stamp (Name and Desigantion)					Date
PART II	SALES TAX PAYMENT CHALLAN				FOR BANK USE
(11) SALES TAX (A/C HEAD) 0220000				Sr. No…………….
(12) Amount Paid:
(13) Amount in Words:        Dated…………..			__________________ (Treasury/Authorised Bank) with official Stamp