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A. F. FERGUSON & CO.
This memorandum gives a brief overview of Pakistan economy and significant amendments
proposed by the Finance Bill 2017. All changes proposed through the Finance Bill 2017, subject to
approval by National Assembly and Presidential assent, are effective July 1, 2017.
Certain amendments will be effective on the next day of assent given by the President to these
provisions.
Table of Contents
Economic Overview 1
Executive Summary 5
Income Tax 7
Sales Tax 17
Customs Duty 21
1
BUDGET AT GLANCE
Budget Financials
2016-2017
2017-2018
(Revised)
Rs in Rs in
Billion % Billion %
Expenditure
- Current expenditure 3,852 70 4,050 83
- Development expenditure 1,340 24 936 19
5,192 94 4,986 102
IN
10%
21% 5% 17% 21%
Borrowings
Receipts
27% 20%
21% 42%
16%
OUT 7%
2%
9%
33%
13%
15%
21%
4,330 3,825
Federal
Excise Duty
5%
Sales Tax
37%
Customs Duties
13%
5
EXECUTIVE SUMMARY
GENERAL 8. The fixed tax regime available to builders
and developers has been rescinded from tax year
1. Taxation proposals should, in principle, 2018.
provide incentives for documentation of
economy, corporatization of businesses, 9. Two new Directorate General have been
harmonization of tax incidence and regulatory introduced in FBR. These will deal with matters
compliance for various forms of business relating to Transfer Pricing and Broadening of
organization and promotion of income-based Tax Base. Directorate for Transfer Pricing will be
taxation. Further such measures should entitled to conduct independent transfer pricing
incentivize promotion of industries and sectors audits.
providing sustainable employment
opportunities. This prime policy requirement 10. The facility available to non-resident
needs to be emphasized whilst finalizing the taxpayers having permanent establishment
Finance Act, 2017. seeking advance ruling from the Board has been
reinstated.
INCOME TAX
11. The expenditure incurred on sales
2. A new concept of “Startup Business” has promotion of pharmaceutical companies in
been introduced for persons engaged in excess of 5% of turnover was considered as
‘Technology Driven Products’ or services certified inadmissible expenditure. The aforesaid limit has
by Pakistan Software Export Board (PSEB). The been enhanced to 10%.
profit of such business has been exempted from
tax, including Minimum tax. 12. Depreciable asset jointly held by a
taxpayer and Islamic Financial Institution under
3. Levy of super tax has been further a Musharika or diminishing Musharika
extended to tax year 2017. arrangement, will be deemed to be owned by the
taxpayer for the purpose of claiming
4. The tax on undistributed reserves has depreciation.
been substituted by a new concept of tax as
undistributed profits for the year of every public 13. The tax credit at the rate of 3% of tax
company other than scheduled bank and liability available to manufacturer making 90%
modaraba. Tax at the rate of 10 percent shall be sales to persons registered under Sales Tax Act,
payable on profits for the year if not distributed, 1990 has been abolished.
as dividend (cash or bonus shares) upto 40
percent. 14. The minimum taxable limit for interest
free / concessional loans to employees has been
5. The rate of tax and withholding on increased to Rs 1 million.
dividend is proposed to be increased to 15
percent. 15. The concept of provisional assessment
which was introduced in 2010 has been
6. The flat rate of 15% (20% for non-filer) integrated with best judgement assessment.
has been proposed on capital gains arising from Persons who do not file return of income, though
disposal of securities for securities acquired after required under the law, can now be brought to tax
July 1, 2013. under these provisions of the Ordinance.
7. The rate of minimum tax on turnover has 16. Tax collected at import stage on
been enhanced from 1% to 1.25%. fertilizers imported by manufacturer of fertilizers
is now subject to final tax regime.
6
Subjects to be Taken into account in the 1. The levy of excise on locally produced
Act cigarettes is proposed to be revised
subject to certain restrictions on
The Finance Bill 2017 does not include some of reduction on retail and minimum price.
significant corrections / amendments required
with respect to the following: 2. The levy of federal excise duty on various
types of cement is proposed to be
Group relief; increased from Rs 1 per kg to Rs 1.25 per
Tax on Inter-corporate dividend; kg.
Rate of tax on dividend for insurance
companies; 3. It is proposed to provide stay against
Tax incentives for rental REITs; recovery of any tax due till the decision of
Tax incidence on dividend from REIT; Commissioner (Appeals), if the taxpayer
and has deposited 25 percent of the tax
demand.
Basis for determining taxable sum at the
issue of bonus shares.
4. FED on telecom services (applicable in
It is expected that such matter will be taken up in Islamabad Capital Territory) is proposed
the Finance Act, 2017 as the same represent to be reduced from 18.5 to 17 percent of
essential features for sustained development in the charges.
the corporate sector.
7
INCOME TAX
Such entities will be exempt from tax in the tax (ii) Distribution will include cash distribution
year in which the entity is certified by PSEB and as well as issue of bonus shares.
subsequent two tax years.
In the earlier regime, such tax was payable where
Existing undertakings engaged in similar the company did not distribute 40% of after-tax
businesses incorporated or registered on or after profits or 50% of paid up capital, whichever was
July 1, 2012 are also entitled to this exemption. less. Now, the applicability is solely based on the
profits for the year if distribution during the year
The nature of technology driven products and is less than the prescribed limit.
rendering of such services would have to be
prescribed for the practical implementation of
The new regime shall remain inapplicable on
this concession.
Power Companies and State owned companies.
EXTENSION OF SUPER TAX FOR
REHABILITATION OF TEMPORARILY Distribution relates to the ‘accounting profit’ of a
DISPLACED PERSONS FOR ANOTHER company, accordingly, it would have to be
YEAR prescribed in the law that the term ‘profit’ for the
purpose of applicability of this section in relation
Super tax for rehabilitation of temporarily to distribution represents the accounting profit.
displaced persons as introduced in tax year 2015
as ‘one time levy’ for banking companies at 4% As per the strict interpretation of the text in the
and other companies having income above Rs Bill, tax shall be payable on profit as per the
500 Million at 3%, was extended in 2016. This has Income Tax Ordinance, wherever non
been further extended for tax year 2017. distribution of accounting profit triggers the
incidence under this provision. This matter needs
Consequential amendments are required to be to be clarified.
made in the Seventh Schedule relating to Banking
Companies. The concept of taxation of undistributed profits
needs to be examined in the context and in
comparison to the tax incidence for a
8
non-corporate entity and multiple taxation on the (iii) or more than 25% of the total receipts of
same income. the NPO received during the tax year;
EXTENSION OF TIME PERIOD FOR TAX (iv) are not part of the restricted funds.
CREDIT ON ENLISTMENT OF
COMPANIES Explanation: For the purposes of this
sub-section, “restricted funds” means any fund
Tax credit for enlistment is presently available for received by the organization but could not be
two tax years at 20% of the tax payable. The said spent and treated as revenue during the year due
tax credit will now be available for four tax years to any obligation placed by the donor.”
in the following manner:-
There appears to be a drafting error in the above
(i) For first two years (including the year of definition as the amount received as donations,
enlistment) at the rate of 20%; voluntary contributions, subscriptions and other
incomes cannot be held as surplus funds. It is
(ii) For following two years at the rate of 10%. considered that appropriate draft of the
definition of surplus fund may be as under:
NON-PROFIT ORGANIZATIONS (NPOs)
“surplus fund means amounts received during
Prior to Finance Act, 2014, NPOs were exempt the year as donations, voluntary contributions,
from tax under the Second Schedule. Through subscriptions and other incomes not spent on
Finance Act, 2014 a special regime was charitable and welfare activities during the year
introduced through section 100C whereby and not part of the restricted funds, if the
exemption regime was substituted by 100% tax unspent amount is more than 25% of the total
credit. This tax credit is available to NPOs on receipts during the tax year.”
fulfilling conditions inter alia prescribed in Rule
213. The proposed amendment does not appear to be
in line with the rationale in the Finance Minister’s
As per the statement of the Finance Minister in speech as the amount of surplus funds will now
the Budget Speech, non-fulfilment of certain be taxed in almost all cases. The proposed
conditions disentitled the NPOs from whole of amendment needs to be withdrawn as it results in
the tax credit as available under the Ordinance. taxation of a non-profit organization which is
It appears that the amendments have been made neither correct nor in line with the above referred
in order to avoid such eventuality. rationale.
In the Bill, it is proposed that in case of all NPOs: This is not the right course of action as ‘Not for
Profit Organizations’ by their very nature are not
(i) The administrative expenses will not taxable entities as such income is available only
exceed 15% of total receipts; for welfare and charitable purposes.
The restriction on the quantum of expenditure
(ii) The ‘surplus funds’ as defined in the said may be justified in certain cases however tax on
section will be taxed at 10%. surplus funds is not desirable as the same funds
will ultimately be used only for charitable, welfare
The term ‘surplus funds’ has been defined in the and not for profit purposes.
Bill as under:
However, Rule 213 needs to be aligned with the
“Surplus funds mean funds or monies: proposed amendments in section 100C.
(i) not spent on charitable and welfare
activities during the tax year; CORPORATE TAX
(ii) received during the tax year as The rate of tax for companies for the tax year
donations, voluntary contributions, 2018 shall be 30% as prescribed in the First
subscriptions and other incomes; Schedule.
9
In certain cases, the service providers were The transfer pricing related documents have,
required by the Tax Department to ensure however, not yet been prescribed in the Rules.
compliance to withholding provisions on agent’s
service fees. Furthermore, in some cases, even ADVANCE RULING
disallowances on that account were made under
section 21(c) of the Ordinance. The facility available to non-resident taxpayers
having permanent establishment seeking
The Supreme Court of Pakistan in a recent advance ruling from the Board has been
judgement reaffirmed that the withholding reinstated.
obligations arise only when there is ‘actual
payment’ by a person. In the aforesaid SALES PROMOTION EXPENDITURE OF
arrangement, there is no actual payment by the PHARMA COMPANIES
service provider to the agents.
The expenditure incurred on sales promotion of
Under the proposed amendment, the agent or a pharmaceutical companies in excess of 5% of
third person shall be treated to have been paid turnover was not considered as admissible
service charges or fee by the service provider. The expenditure. The aforesaid limit has been
service provider shall collect withholding tax on enhanced to 10%. This provision has already been
agent’s service charges alongwith their service challenged by certain taxpayers in High Court
receipts. where the matter is pending.
In order to remove the potential exposure for the ARRANGEMENTS WITH ISLAMIC
payer / end customer with regard to non- FINANCIAL INSTITUTIONS FOR
deduction of tax on agent’s service charges DEPRECIABLE ASSETS
appropriate provisions be introduced in the law
to the effect that there will be no withholding tax As a matter of clarificatory amendment, it has
obligation on the payer / end consumer as the been prescribed that where depreciable asset is
same has been shifted to the service provider. jointly held by a taxpayer and Islamic Financial
Institution under a Musharika or diminishing
COMMON REPORTING STANDARDS Musharika arrangement, such asset will be
deemed to be owned by the taxpayer for the
Common Reporting Standards which were purpose of claiming depreciation. This
introduced by way of insertion of Chapter XIIA in clarification has been introduced in order to
the Income Tax Rules, 2002 have now been made dispel the impression that under such
part of the main law under section 165B. This has arrangements the assets are not treated to be held
provided legislative cover to the amendments by taxpayer.
earlier made in the Rules.
IMPLEMENTATION PROCESS FOR TAX
Penalty has also been prescribed for non- CONCESSIONS BY FEDERAL
compliance with the provisions relating to GOVERNMENT
Exchange of Information and Common
Reporting Standards. The process of providing exemption and tax
concessions in the Second Schedule is subject to
PENALTY PRESCRIBED FOR TRANSFER the prescribed procedure. In the present
PRICING circumstances such process requires the approval
of the Federal Government, which as held by the
Through Finance Act, 2016, requirement for Supreme Court of Pakistan could only be the
maintaining certain prescribed transfer pricing Prime Minister and his Cabinet.
related documentation was introduced. Now, it is
Now, the process of exemptions and tax
proposed that in the case of failure to maintain
concessions can be initiated by the Federal Board
the said transfer pricing documentation, the
of Revenue with the approval of the Minister
penalty at 1 percent of the value of transactions
Incharge subject to approval of Economic
can be imposed.
Coordination Committee.
11
The prescribed limit of taxable income for Accordingly, if the taxpayer fails to file a return,
deductible allowance for education expenditure the Officer still has the power to frame a best
has been enhanced from Rs 1 Million to Rs 1.5 judgement assessment under section 121 of the
Million. Ordinance.
Where the employer provides interest free / Chief Commissioner is now specifically
concessional loans to their employees, a deemed empowered to grant extension for a further
interest at prescribed rate is added to employee’s period of fifteen days unless there are exceptional
taxable income. The loans below Rs 500,000 are circumstances justifying a longer extension in
not subject to such incidence. The said limit for time for filing the return of income.
the application of law has been increased to Rs 1
Million. APPOINTMENT OF JUDICIAL MEMBER
EXEMPTION CERTIFICATE FACILITY and gas bills. If there is any other tax collection or
EXTENDED TO CERTAIN NON- deduction on account of CNG stations then the
RESIDENTS said amount will now be refundable to them.
The permanent establishments of a non-resident Previously, tax deducted or collected under any
person engaged in the following activities will other head was also non-refundable.
now also be entitled to exemption certificate, if
they do not opt for final tax regime:- The bill also proposes a separate rate of advance
tax for non-filers at the rate of 6% of the gas
(i) contracts or sub-contract under consumption charges. Currently, the applicable
construction, assembly or installation rate is 4 % for both filers and non-filers.
project in Pakistan;
MINIMUM TAX ON IMMOVABLE
(ii) contract for construction or services PROPERTY ACQUIRED AND SOLD IN
rendered relating thereto; SAME TAX YEAR
(iii) contract for advertisement services by T.V The tax collected by registering authority on
Satellite channels. transfer of immovable property shall be the
minimum tax on income of the seller if it is
Previously, such facility of exemption was only acquired and disposed of in the same tax year.
available to permanent establishments of
non-residents who were engaged in supply of TAX COLLECTION BY PAKISTAN
goods, rendering of services and execution of TOBACCO BOARD
contracts.
Pakistan Tobacco Board is now required to collect
REVISION OF WITHHOLDING advance tax at the rate of 5% of the purchase
STATEMENTS ALLOWED value of tobacco from persons purchasing
tobacco including manufacturers of cigarettes.
Withholding tax statements are now allowed to The tax so collected shall be adjustable against
be revised within sixty days of filing on discovery the income of the purchasers. This measure has
of any omission or wrong statement. been introduced to curtail the manufacture of
illicit and non-duty paid cigarettes.
DEFAULT SURCHARGE ON ADVANCE
TAX ON TAXPAYERS HAVING SPECIAL PROFIT ON DEBT
TAX YEAR
The present rates of tax on profit on debt of
The calculation of default surcharge on delayed non-corporate taxpayers are as under:
payment of advance tax in the case of companies
having special tax year has been aligned with that Profit on Debt Rate of tax
of a company following a normal tax year i.e.
Where profit on debt does
from the first day of the fourth quarter of the
not exceed Rs. 25 Million 10%
respective tax year.
The rate of tax on profit on debt has been WITHHOLDING TAX ON PAYMENTS TO
proposed to be revised as under: RESIDENTS FOR GOODS, SERVICES AND
CONTRACTS
Profit on Debt Rate of tax
In case of payments made to resident non-filers,
Where profit on debt does not
10% the rate of tax deduction is proposed to be
exceed Rs.5 Million
increased as under:
Where profit on debt exceeds
Rs.5 Million but does not exceed 12.5% Rate of tax
Rs.25 Million Description Present Proposed
Where profit on debt exceeds
15% Supply of goods:
Rs.25 Million
- Company 6% 7%
- Others 6.5% 7.75%
WITHHOLDING TAX ON CERTAIN
PAYMENTS MADE TO NON-RESIDENTS Rendering of
services:
The rate of withholding tax on payments to the - Company 12% 14.5%
following non-residents being non-filers is - Others 15% 17.5%
proposed to be enhanced from 12% to 13%:
Execution of
- a contract or sub-contract under a contract:
construction, assembly or installation - Company 10% 12%
- Others 10% 12.5%
project in Pakistan, including a contract
for the supply of supervisory activities in
relation to such projects. In the case of supplies made by the distributors of
- any other contract for construction or Fast Moving Consumer Goods, the rate of tax
services rendered, other than a contract deduction is proposed to be reduced as under:
for 'technical services'.
- a contract for advertisement services Rate of Tax Company Others
rendered by T.V., Satellite Channels. Existing 3% 3.5%
Proposed 2% 2.5%
The rate of tax on payments made to the
permanent establishment of non-resident in
Pakistan in case of non-filers is proposed to be WITHHOLDING TAX ON PROPERTY
increased as under: INCOME
Rate of
Supply of goods Rendering of services The applicable rate of withholding tax on income
Tax Company Others Company Others from property received by a Company being a
6% 6.5% 12% 15%
non-filer is proposed to be increased from 15% to
Existing
17.5%.
7% 7.75% 14% 17.5%
Proposed
TAX WITHHOLDING ON PRIZES AND
WINNINGS
The rate of collection on petroleum products is The lower limit for collection of advance tax by
proposed to be increased from 15% to 17.5% for insurance companies on life insurance premium
non-filer. from non-filers is proposed to be enhanced from
Rs. 0.2 million to Rs. 0.3 million in aggregate.
ADVANCE TAX ON TELEPHONE AND
INTERNET SUBSCRIBERS EXEMPTION FROM TOTAL INCOME
The rate of advance tax in case of subscribers of Income or classes of income derived by following
internet, mobile telephone and prepaid internet persons or class of persons have been proposed to
or telephone cards is proposed to be reduced be exempt from tax:
from 14% to 12.5%.
‐ Asian Infrastructure Investment Bank and
ADVANCE TAX ON PURCHASE, persons as provided in Article 51 of
REGISTRATION AND TRANSFER OF Chapter IX of the Articles of Agreement
MOTOR VEHICLES signed and ratified by Pakistan and entered
into force on December 25, 2015;
In case of filers, the rate of advance tax on
‐ Gulab Devi Chest Hospital;
registration or transfer is proposed to be reduced
in the following cases: ‐ Pakistan Poverty Alleviation Fund;
‐ National Academy of Performing Arts;
Engine Tax Amount ‐ Profit on debt received by Japan
capacity Existing Proposed International Cooperation Agency (JICA)
Upto 850 cc 10,000 7,500 from Islamabad-Burhan transmission
851 cc to 1000 cc 20,000 15,000 Reinforcement Project (Phase I) undertaken
1001 cc to 1300 cc 30,000 25,000 in pursuance to the loan agreement for
Islamabad-Burhan transmission
ADVANCE TAX AT THE TIME OF SALE BY Reinforcement Project (Phase I);and
AUCTION ‐ A political party registered under the Political
Parties Order, 2002 with the Election
Tax at the rate of 15% is proposed to be collected Commission of Pakistan.
from non-filers purchasing any property or goods
through public auction. Presently, the applicable EXEMPTION FROM SPECIFIC
rate is 10% for both filers and non-filers. PROVISIONS
Presently, every manufacturer, distributor, The exemption from the withholding tax
dealer, wholesaler or commercial importer of provisions of section 148 has been proposed
specified goods at the time of sale to retailers to be extended to the following entities
and every distributor or dealer at the time of sale importing specified petroleum products:
to wholesaler are required to collect advance tax
at 0.5%. ‐ Z&M Oils (Pvt) Ltd,
‐ Exceed Petroleum (Pvt) Ltd,
The Bill proposes to increase the rate to 1% for ‐ Petrowell (Pvt.) Ltd,
non-filers and for sale of electronics by filers. ‐ Quality-1 Petroleum (Pvt) Ltd,
‐ Horizon Oil Company (Pvt) Ltd,
‐ Outreach (Pvt) Ltd,
‐ Kepler Petroleum (Pvt) Ltd
15
The said rationalized scheme is proposed to This explanation is in line with the underlying
be extended from June 30, 2017 to June 30, accounting concept of accrual and the provisions
2018, provided taxpayer files an irrevocable of section 34(3) of the Ordinance. Accordingly,
undertaking by November, 2017 to present this explanation will ‘only’ be applicable in cases
its accounts to the Commissioner for audit of where there are any regulatory provisions which
its tax affairs.
16
SALES TAX
SPECIAL REGIME FOR CERTAIN their final destinations to such places where ST
RETAILERS/WHOLESALERS Act is not applicable.
Through Chapter II of Sales Tax Special The said amendment is apparently aimed to
Procedure Rules, 2007, ‘retailers’ (other than neutralize the effect of Peshawar High Court’s
those operating on small scale) were given an judgment whereby it has been held that goods
option to pay a single stage 2% sales tax on ‘total imported for consumption in territories, where
turnover’ (including exempt supplies) instead of ST Act is not applicable (FATA/PATA etc.),
generally applicable VAT mode of taxation. are not subject to levy of sales tax.
The aforesaid regime was not being implemented LEVY OF ‘FURTHER TAX’ ON ZERO-
by certain retailers on the basis of their RATED SUPPLIES
contention that a special regime [tax incidence
based on electricity bills] is applicable on their In the context of ‘zero rated’ supplies made under
activities. notification SRO 1125(I)/2011 [covering export
oriented items], Lahore High Court had recently
The aforesaid rules were, however, struck down ruled that ‘zero rated’ supplies did not attract
by Lahore High Court holding that Federal ‘further tax’, section 3(1A) of the ST Act being
Government acted out of jurisdiction while subservient to section 4 of the ST Act, where
enacting such Rules. Accordingly, such rules under a particular supply is zero rated.
remained ineffective on account of legal infirmity.
The effect of such judgment is proposed to be
The regime as contained in the Rules is now done away with through introduction of
proposed to be enacted through insertion of sub- appropriate amendments in sections 3(1A) and 4
section 9A in section 3 of the Sales Tax Act, 1990 of the ST Act.
(‘ST Act’) to address the legal infirmities
identified by Lahore High Court. This resultantly This amendment will have prospective effect.
mean that such retailers are now required to
discharge their sales tax liability on the basis as OFFENCES AND PENALTIES
prescribed.
It is proposed to introduce stringent penalties for
This resultantly meant that tax incidence under persons involved in illicit manufacture and trade
such rules arises from July 1, 2017 onwards. of ‘cigarettes’ and in this respect a new entry is
proposed to be inserted in Table to section 33 of
This regime, however, excludes the turnover the ST Act.
representing export oriented items covered under
notification SRO 1125(I)/2011 in respect whereof STAY AGAINST RECOVERY SUBJECT TO
sales tax was to be charged at reduced or nil rates. DEPOSIT OF 25% OF TAX DEMAND
SALES TAX ON IMPORTED GOODS In line with the scheme embodied in Income Tax
MEANT FOR CONSUMPTION IN FATA/ Ordinance, a proviso is proposed to be inserted in
PATA ETC. section 48 of the ST Act to provide that where
a demand has been settled to the extent of 25%,
Under the presently applicable provisions of no coercive measures could be adopted by
section 3(1)(b) of the ST Act, goods “imported” department for recovery of remainder unless the
into Pakistan are subject to levy of sales tax. disposal of appeal against assessment order by
Commissioner Inland Revenue, Appeals.
Such provisions are now proposed to be amended
to include the goods imported, irrespective of
18
Such reduced rate, however, is proposed to be Certain significant announcements are as under:-
applicable only if natural gas is used in
production of ‘Urea’. This harmonization should (i) Withdrawal of Sales Tax withholding on
be extended to all input related to the fertilizer supplies between registered persons with the
industry. exception of advertisement services subject
to Islamabad Capital Territory (Tax on
‘Phosphoric acid’ imported by fertilizer Services) Ordinance, 2001.
companies for manufacture of DAP is proposed to
be reduced to 5%. (ii) The rate of tax on retail sales of five export
oriented sectors is being enhanced from 5%
Others to 6%.
Reduced rated of 5% for technology related (iii) It is also proposed that sales tax on
equipment (set top boxes for gaining access to commercial imports of fabrics will be
internet, TV broadcast transmitter, reception applicable at the rate of 6%.
apparatus for receiving satellite signals of a kind
used with TV (satellite dish receivers) and other (iv) Services which are subjected to sales tax on
set top boxes) extended for financial year turnover basis without input tax adjustment
2017-18. under Provincial Sales Tax laws are proposed
to be taxed in the similar manner under the
Poultry related equipment has been proposed to Islamabad Capital Territory (Tax on
be subject to reduced rate of tax @ 7%. Services) Ordinance, 2001.
For education institutions, rate of tax on import (v) Exemption from sales tax is also proposed on
of multimedia projectors has been reduced to export of IT services.
10%.
(vi) The existing rate of Rs 9 per unit of electricity
Supply of locally produced coal is proposed to be is proposed to be enhanced to Rs 10.5 per unit
subject to tax at higher of 17% of value of supply with corresponding increase in ship breaking
or Rs 425 per metric tonne. and other allied industry.
21
20
GENERAL CEMENT
Excise Duties are essentially levied to discourage The levy of excise duty on various types of
consumption of undesirable items. Over the time, cement, classified under PCT heading 25.23, is
the Excise Duties were gradually reduced, phased proposed to be increased from “Re 1 per kg” to
out and substituted by VAT regime. “Re 1.25 per kg”, with effect from July 1, 2017.
CUSTOMS DUTY
POWER TO DETERMINE THE CUSTOM PERIODS FOR WHICH GOODS REMAIN
VALUE WAREHOUSED
A corrective amendment is made to empower
Under section 25A, Collector Customs or Director Chief Collector to allow second extension in
of Customs Valuation is empowered to make warehousing period. Previously such powers
valuation of any goods or category of goods were provided in relevant rules.
imported into or exported out of Pakistan. In case
where declared value is higher than the value so RIGHT OF APPEAL IN CASE OF
determined, it is now provided that such declared CANCELLATION OF USER ID
value will be considered as Customs Value.
It is proposed to allow right of appeal with the
DIRECTORATE GENERAL OF CHINA Chief Collector in cases of cancellation or
PAKISTAN ECONOMIC CORRIDOR suspension of User ID by Collector.
(CPEC)
PENALTIES / OFFENCES
A new section 3AA has been inserted for
establishing a separate Directorate for CPEC to FBR has been empowered to regulate the
provide for effective supervision and monitoring imposition of penalties under section 156 of the
of trade flows under the strategic initiative of the Customs Act. Further a new entry has been
Federal Government. The Directorate General of introduced for imposing penalty on an agency /
CPEC shall consist of a Director General and as persons (including port authorities) for failure to
many Directors, Additional Directors, Assistant entertain a delay and detention certificate issued
Directors and such other officers as notified by by the officer of Customs.
the Federal Board of Revenue.
REVISIONARY POWERS / APPEAL
ASSISTANCE TO THE OFFICERS OF Under section 195, the Board, Collector of
CUSTOMS Customs and now Collector of Customs
(Adjudication) can examine the record of any
Enabling provisions are proposed to require proceedings to satisfy the legality or proprietory
officers of Inland Revenue and National Highway of any order passed by a subordinate officer. As a
and Motorway Police to assist the officers of result of exercising such revisionary powers, the
customs in discharge of their functions under the Board, Collector Customs or Collector of Customs
Customs Act. (Adjudication), as the case may be, can now
assign the case to pass fresh order to an officer of
REFUND TO BE CLAIMED WITHIN ONE equal or higher rank, who has passed the earlier
YEAR order.
Section 33 provides for refund of custom duties
where: If such fresh order is passed by an officer below
the rank of Additional Collector, appeal can be
(i) paid through inadvertence, error or filed before Collector (Appeals) whereas if such
misconstruction; or order is passed by officer not below the rank of
(ii) arising as a result of decision of an appellate Additional Collector, appeal can be filed before
authority. Appellate Tribunal.
Presently, the refund in case of (i) is not allowed POWER TO ENTER INTO MUTUAL
if incidence of customs duty has been passed on LEGAL ASSISTANCE AGREEMENTS ON
to buyer or consumer. Now after the amendment, CUSTOMS MATTERS
such restriction has also been placed for cases
referred in (ii) above. A new section 219A is introduced empowering
FBR to enter into memorandum of
understanding with International Organisations
/ Foreign custom authorities pertaining to
mutual assistance in custom matters, in order to
22
(iv) Additional duty is levied on cylinder head (vi) Customs duty on import of Bituminous
for motorcycles and other coal imported by coal based power
projects having an implementation
(v) Extension of concession on 11 more agreement with the Government of Pakistan
components of trailers. is reduced to 3%.
REDUCTION IN CUSTOMS DUTY INCREASE IN CUSTOMS DUTY
(i) By virtue of amendment in First and Fifth
Customs duty is proposed to be increased in
Schedule, reduction in customs duty has
following cases:
been proposed for the following items:
Rate - Aluminum beverage cans; from 11% to 20%
Items Old New - Bituminous coal; from 3% to 5%
Fowls of the species Gallus
domesticus (chicken) 11 3 EXEMPTION FROM CUSTOMS DUTY
Hatching eggs 11 3
Sheets of veneering 16 11
Exemption from customs duty is proposed on
Pre-fabricated modular clean rooms
panels 20 3 following items:
Fabric (non-woven) for
pharmaceutical industry 16 5 - Raw skins and hides
Uncoated polyester film and - Stamping foils
aluminum wire for manufacturers
of metalized yarn 20 11 - Ostriches
Raw materials for manufacturers of - 5 years old combined harvesters threshers
baby diapers namely Adhesives - Cellular mobile phones (converted into
based on polymers or rubbers and Regulatory Duty)
Hot melt adhesives. 16 11
- Certain telecom equipments
23