livelawpk.com - Sales Tax Appeal --- Amendment Pecuniary Jurisdiction

Pecuniary Jurisdiction in Sales Tax Appeal has been amended by “Tax Law Amendment Act 2024” --- The Appeal shall lie to ATIR when value of assessment of tax or refund exceed 10 Million Rupees

10 months, 4 weeks
340

Pecuniary Jurisdiction in Sales Tax Appeal has been amended by “Tax Law Amendment Act 2024” --- The Appeal shall lie to ATIR when value of assessment of tax or refund exceed 10 Million Rupees.

Islamabad 04-05-2024: The “Tax Law Amendment Act 2024” has omitted Section 43 and introduced Section 43A in Sales Tax Act 1990. This amendment has change the pecuniary jurisdiction of Sales Tax Appeal. Subject to other provisions of Sales Tax Act 1990, an appeal to the Commissioner (Appeals) shall lie where the value of assessment of tax or, as the case may be, refund of tax does not exceed 10 million rupees. The appeal shall lie to the Appellate Tribunal Inland Revenue (ATIR) where the value of assessment of tax or, as the case may be, refund of tax exceeds 10 million rupees. The cases pending before the Commissioner (Appeals) having the value of assessment of tax or, as the case may be, refund of tax exceeding ten million rupees shall on and from the 16th day of June, 2024 stand transferred to the Appellate Tribunal Inland Revenue. All cases transferred from the Commissioner (Appeals) to the Appellate Tribunal under sub-section (2) shall be decided by the Appellate Tribunal within the period provided for under section 132 of the Income Tax Ordinance, 2001 (XLIX of 2001) which period shall commence from the 16th day of June, 2024. According to amendment in section 45B, after the expression "order," the expression "if the value of the assessment or, as the case may be, refund of the tax does not exceed ten million rupees, shall be inserted. The substitution has been made in Section 46 of Sales Tax Act 1990 which provides that any person, other than an SOE, aggrieved by any order passed by an Officer of Inland Revenue, the Board or Commissioner (Appeals) under this Act or the rules made there under may, within thirty days of the receipt of such order, prefer an appeal to the Appellate Tribunal. Provided that where sub-section (11) of section 134A of Income Tax Ordinance, 2001(XLIX of 2001) shall apply, an SOE may prefer an appeal under this sub-section and sub-section (2A) shall be omitted.