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HEADING
Short title, extent and commencement.
Amendment in Act II of 1899.
Amendment in Act XVII of 1967.
Amendment in Act XII of 1989.
Amendment in Ordinance II of 2000.
Capital value tax on immovable property.
Amendment in Act I of 2008.
[1]
An Act to levy tax and alter the rate of taxes and duties in the Punjab.
Preamble. Whereas it is expedient to levy tax and alter the rates of tax and duties in
the Punjab and other connected matters.
It is hereby enacted as follows:1. Short title, extent and commencement. (1) This Act may be cited as the Punjab Finance
Act 2010.
(2) It extends to the whole of the Punjab
(3) It shall come into force on the first day of July 2010.
2. Amendments in Act II of 1899. In the Stamp Act, 1899 (II of 1899)
(a) for section 27-A, the following shall be substituted:27-A. Value of immovable property. (1) Where any instrument chargeable with ad
valorem duty under Articles 23, 31 or 33 of Schedule I, relates to an immovable property,
the value of the immovable property shall be calculated according to the valuation table
notified by the District Collector in respect of immovable property situated in the locality.
(2) Where an instrument, mentioned in sub-section (1), relates to an immovable property
consisting of land and structure, it shall state the value of the land or structure separately and
the value of the structure stated in the instrument shall, subject to the provision of this Act, be
accepted.
(3) Where the value of immovable property stated in an instrument to which sub-section
(1) applies is more than the value fixed according to the valuation table, the value declared in
the instrument shall be accepted as value for the purposes of stamp duty.
(4) Where the value given in the valuation table notified under sub-section (1), when
applied to any immovable property, appears to be excessive, the Executive District Officer
(Revenue) or any other person notified by the Government may, on application made to him by
the aggrieved person, determine its correct value and for that purpose the provisions of sections
31 and 32 shall apply as nearly as possible.; and
(b) in Schedule I
(i) for Article 23, the following shall be substituted:23. CONVEYANCE as defined by section 2(10) not being
a TRANSFER charged or exempted under Article 62
(a) in the case of an two percent of the
immovable property;
value of the property.
(b)
[6. Capital value tax on immovable property. (1) This section shall have effect
notwithstanding anything contained in any other law.
(2) For purposes of this section
(a) association of persons includes a firm, a Hindu undivided family, a juridical person
and a body of persons formed under a foreign law, but does not include a company;
(b) Board of Revenue means the Board of Revenue established under the Punjab
Board of Revenue Act, 1957 (XI of 1957);
(c) Collector means the Collector of the district appointed under the Punjab Land
Revenue Act, 1967 (XVII of 1967) and includes the Collector of a subdivision or any
other officer specially empowered by the Board of Revenue to exercise and perform
the functions of Collector;
(d) company means
(i) a company as defined in the Companies Ordinance, 1984 (XLVII of 1984);
(ii) a body corporate formed by or under any law in Pakistan;
(iii) a modarba;
(iv) a body incorporated by or under the law of a country outside Pakistan relating to
incorporation of companies;
(v) a trust, a co-operative society or a finance society or any other society established or
constituted by or under any law; and
(vi) a foreign association, whether incorporated or not, which the Government has,
by general or special order, declared to be a company for purposes of this
section;
(e) Government means Government of the Punjab;
(f) person includes
(i) an individual;
(ii) an association of persons;
(iii) a company;
(iv) a foreign government;
(v) a political subdivision of foreign government; and
(vi) a public international organization;
(g) recorded value means the value declared by the transferee in the instrument,
provided that the declared value of the property shall not be less than the value
specified in the valuation table notified by the Collector of the district;
(h) registration authority includes the person responsible for registering or attesting or
recording the transfer of an immovable property or of the right to use an immovable
property for more than twenty years, and in the case of a cooperative society or a private
housing society, its principal officers including president, secretary, accountant or any
similar officer declared by the Collector as the principal officer of the society;
(i) tax means capital value tax and includes any penalty, fee and charge or any sum or
amount leviable or payable under this section;
(j) urban area means an area which is
(i) a rating area under the Punjab Urban Immovable Property Tax Act, 1958 (V of
1958) except the area where the rate of tax is zero in terms of section 117 of the
Punjab Local Government Ordinance, 2001 (XIII of 2001); or
(ii) an area notified by the Board of Revenue in the official Gazette.
(3) A tax on the capital value of an immovable property shall be payable by a person who
acquires an immovable property by purchase, gift, exchange [3][***], surrender or relinquishment
of right by the owner or a right to use thereof for twenty years or more or renewal of lease so that
the total period of lease in favour of the same lessee is twenty years or more at the rates specified
in sub-section (5).
(4) The tax shall not be payable if
(a) immovable property is acquired through inheritance; or
(b) immovable property is acquired through gift between spouses, father, mother, son,
daughter, grandparents and grandchildren, siblings, or from one wife or widow to
another wife or widow of the same husband; or
[4]
[(c)* * * * * * * * * * * * * * * * * * * *]
(5) The rate of tax in respect of immovable property is as under:[5]
[(a) Immovable property, other than commercial or industrial property, a plaza or multistoreyed building, situated in urban area [6][* * * *]:
No.
(i)
(ii)
(iii)
Description
Where the value of the immovable property is
recorded.
Where the value of the immovable property
is not recorded.
Where the immovable property is a
constructed property.
Rate of Tax
Two per cent of the recorded value of the landed
area.
One hundred rupees per square feet of the
landed area.
Ten rupees per square feet of the constructed area
in addition to the value worked out above.]
Description
Where the value of the immovable
property is recorded.
Where the value of the immovable
property is not recorded.
Where the immovable property is a
constructed property.
Rate of tax
Two per cent of the recorded value of the
landed area.
One hundred rupees per square feet of the
landed area.
Ten rupees per square feet of the
constructed area in addition to the value
worked out above.
(c) Immovable property whether commercial, residential or composite in plazas and multistoreyed buildings of any size situated in an urban area
No.
(i)
(ii)
Description
Where the value of the immovable
property is recorded.
Where the value of the immovable
property is not recorded.
Rate of tax
Two percent of the recorded value of the
immovable property or one hundred rupees
per square feet of the constructed area,
whichever is higher.
One hundred rupees per square feet of
the constructed area of the immovable
property.
(6) The tax shall be collected at the time of registering or attesting the transfer by the person
responsible for registering or attesting the transfer of the immovable property for which the tax is
payable.
(7) The registration authority or any other person mentioned in sub-section (6) shall submit
to the Collector a monthly statement by 10 th of the succeeding month in such Form as may be
prescribed.
(8) In case the statement mentioned in sub-section (7) is not submitted within the prescribed
time, Collector of the district may impose a penalty on the registration authority or any other
person mentioned in sub-section (6) up to rupees one hundred thousand.
(9) The Collector of the district or any authority to whom he is subordinate, may himself or
through a person or agent appointed by him for the purpose conduct or cause to be conducted the
audit of the capital value tax including examination of accounts and records of that registration
authority or any other person mentioned in sub-section (6) and may make an assessment of the
tax on the basis of such audit.
(10) The Collector may, by notice in writing, require any person
(a) to furnish to the Collector or an officer authorised by him any information or
produce any accounts, documents or computer stored information in his possession
and relevant to the tax specified in the notice; and
(b) to attend at such time and place as mentioned in the notice for purposes of
examining him on oath by the Collector or the authorised officer in respect of the
matters relating to the tax.
(11) The Collector may impound any accounts or documents produced in terms of subsection (10) and retain the documents so long as may be deemed necessary for purposes of
examination.
(12) Where a hard copy or computer disk of information stored on a computer is not made
available as required under sub-section (10), the Collector may require production of the
computer on which the information is stored, and impound and retain the computer for such
period as may be necessary.
(13) For purposes of this section, the Collector shall have the same powers as are vested in a
Court under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matter:(i) enforcing the attendance of any person and examining the person on oath or
affirmation;
(ii) compelling the production of any accounts, records, computer stored information,
or computer;
(iii) receiving evidence on affidavit; or
(iv) issuing commissions for the examination of witnesses.
(14) Where a registration authority or any other person mentioned in sub-section (6) fails to
(i) furnish prescribed monthly statement; or
[1]
This Act was passed by the Punjab Assembly on 22 June 2010; assented to by the Governor of the Punjab on 25 June 2010; and, was published
in the Punjab Gazette (Extraordinary), dated 28 June 2010, pages 3145-50.
[2]
Substituted by the Punjab Finance Act 2012 (XLI of 2012).
7
[3]
The words or power of attorney omitted by the Punjab Finance Act 2016 (XXXV of 2016), effective from 1st day of July 2016.
The following clause (c) omitted by the Punjab Finance Act 2016 (XXXV of 2016), effective from 1st day of July 2016:
(c) power of attorney is executed between spouses or from one wife or widow to another wife or widow of the same husband, or father, mother,
son, daughter, grandparents, grandchildren and siblings.
[5]
Substituted by the Punjab Finance Act 2013 (XVI of 2013).
[6]
The words and the value of which exceeds one million rupees omitted by the Punjab Finance Act 2015 (XXIX of 2015).
[4]
HEADING
1.
2.
3.
4.
5.
6.
7.
[1]
Preamble. Whereas, it is expedient to levy tax and alter the rate of certain taxes and duties in
the Punjab and other connected matters;
It is enacted as follows:1. Short title, extent and commencement. (1) This Act may be cited as the Punjab Finance
Act 2011.
(2) It extends to whole of the Punjab.
(3) It shall come into force on the first day of July 2011.
2. Amendment in Act X of 1958. In the Punjab Entertainment Duty Act, 1958 (X of 1958)
(a) in section 3, in sub-section (1), for the words sixty-five, the word twenty shall be
substituted; and
(b) for section 3-A, the following shall be substituted:3-A. Duty on special classes of entertainments. Notwithstanding anything contained in
section 3, the duty on the entertainments mentioned in column No.2 of the following Table
shall be charged at the rate mentioned against each entertainment in column No.3:
Sr.
No.
1.
Entertainment
Rate of Duty
2.
Circus
3.
3. Amendment in Act XXXII of 1958. In the Punjab Motor Vehicles Taxation Act, 1958
(XXXII of 1958)
(a) in section 2
(i) in clause (g), the word and, occurring at the end, shall be omitted;
(ii) in clause (h), for the full stop at the end, a semi-colon shall be substituted and,
thereafter, the word and shall be inserted; and
(iii) after clause (h), the following clause (i) shall be inserted:(i) Schedule means the Schedule appended to the Act.; and
(b) in the Schedule, at Sr.No.4, for the rider clause and sub-clauses (a) and (b), the following
shall be substituted:Sr.
No
Description of Motor Vehicles
.
4. Motor vehicles (motor cars or jeeps) other than those mentioned above and
having
(a) seating capacity of not more than three persons.
(b) seating capacity of more than three persons but not more than six
persons
(i) with engine power not exceeding 1000 cc.
(ii) with engine power exceeding 1000 cc but not exceeding 1300
cc.
(iii) with engine power exceeding 1300 cc but not exceeding 1500
cc.
(iv) with engine power exceeding 1500 cc but not exceeding 2000
cc.
(v) with engine power exceeding 2000 cc but not exceeding 2500
cc.
(vi) with engine power exceeding 2500 cc.
(vii) three door 4x4 vehicle with engine power exceeding 2500 cc.
Annual Rate
of Tax
Rs.1800/- per
annum
Rs.3000/- per
annum
Rs.4500/- per
annum
Rs.6000/- per
annum
Rs.10,000/- per
annum
Rs.4,500/- per
annum
4. Amendment in Ordinance II of 2000. In the Punjab Sales Tax Ordinance, 2000 (II of 2000),
in section 3, in sub-section (1), for the words seventeen per cent, the words sixteen per cent
shall be substituted.
5. Amendment in Ordinance XIII of 2001. In the Punjab Local Government Ordinance, 2001
(XIII of 2001), in the Second Schedule, in Part-II, after entry at Sr. No.14, the following entry at Sr.
No.15 shall be inserted:15. Water conservancy charge at the rate of sixty thousand rupees per annum from the
owner or occupant of a house or any other building, except an educational institution, having
a swimming pool with a minimum surface area of two hundred and fifty square feet.
6. Farm house tax. [2][(1) This section shall have effect, notwithstanding anything contained in
any other law.
(1A) The provisions of this section shall not apply to the rating areas in terms of the
Punjab Urban Immovable Property Tax Act, 1958 (V of 1958) where the property tax is levied
but shall apply to the rating areas which are zero rated in terms of section 117 of the Punjab
Local Government Ordinance, 2001 (XIII of 2001).]
(2) In this section
(a) farm house means a house constructed after the year 1980 on a total minimum area of
four kanals with a minimum covered area of five thousand square feet, used as a single
dwelling unit with or without an annexe;
Explanation: Where there are more than one dwelling units in a compound and the
average area of the compound is more than four kanals for a dwelling unit, each one
of such dwelling units shall be treated as a separate farm house;
(b) Government means Government of the Punjab; and
(c) tax means the farm house tax levied under the section [3][;]
[4]
[(d) total minimum area means the total land area including the area under farming
even though the farm house is constructed on a portion of such area of land.]
(3) The Government shall levy, assess, collect and recover tax from the owner or occupant of
a farm house at the following rate:Sr.
Rate of Tax
10
No.
1.
2.
3.
(4) The tax under this section shall, as far as possible, be assessed, collected and recovered
in accordance with the provisions of the Punjab Urban Immovable Property Tax Act, 1958 (V of
1958).
(5) Any person aggrieved by the assessment of tax on his property may, within thirty days of
the communication of the notice of assessment, prefer an appeal to an officer notified by the
Government.
(6) The Government may delegate any of its powers under this section to an officer, body or
authority subordinate to the Government.
(7) The Government may, by notification in the official Gazette, make rules[5] for carrying
out the purposes of this section.
[6]
[7.
* * * *]
[1]
This Act was passed by the Punjab Assembly on 23 June 2011; assented to by the Governor of the Punjab on 25 June 2011; and, was published
in the Punjab Gazette (Extraordinary), dated 27 June 2011, pages 39819-22.
[2]
Substituted by the Punjab Finance Act 2012 (XLI of 2012).
[3]
Substituted by the Punjab Finance Act 2012 (XLI of 2012), for the full-stop.
[4]
Inserted by the Punjab Finance Act 2012 (XLI of 2012).
[5]
For Rules, see Government of the Punjab, Excise & Taxation Department Notification No.SOTAX (E&T) 3-9/2011, dated 28 May 2012.
[6]
The following Section 7, as amended by the Punjab Finance Act 2012 (XLI of 2012) and by the Punjab Finance Act 2013 (XVI of 2013),
omitted by the Punjab Finance Act 2015 (XXIX of 2015):
7. Education cess on clubs. (1) This section shall have effect notwithstanding anything contained in any other law.
(2) In this section
(a) cess means a cess for purposes of education levied under the section;
[(b) amenities include facilities of sports, swimming, gymnasium, fitness, conferences, ceremonies, musical concerts and
other social amenities;
[(c) club means an association or organization offering members amenities, services, meals or temporary residence with initial
membership fee of two hundred thousand rupees for any category of members and notified as club by the Government but does not include
fitness centre or gymnasium without provision of ancillary services of eateries, outdoor sports, conferences, ceremonies, musical concerts or
any other such service;]
(d)
initial membership fee includes all subscriptions or payments, charges, donations made by an applicant for membership of the club;
(e) Government means Government of the Punjab; and
(f) services means all types of services provided by the club and includes goods sold at the club premises.]
(3) Notwithstanding any tax or duty levied under any other law, the Government shall levy cess on clubs at the following rates:Sr. No.
Activity on which cess is levied
Rate of cess
1.
Initial membership fee
10% of the initial membership fee
2.
Services rendered by the club
10% of the charge for a service rendered
[(3A)
Notwithstanding any reduction of initial membership fee after the club has been notified under sub-section (2), the club shall
remain notified and the cess under this section shall continue to be levied on such club.
(3B) If a club is notified for purposes of this section, the cess shall be levied on actual initial membership paid by the applicant.
(3C) The cess shall be levied on the services provided to any person or a member regardless of the date of membership.]
(4) The cess shall be assessed and recovered in the prescribed manner.
(5) Any person aggrieved by the assessment of cess may, within fifteen days of the communication of notice of assessment
of cess, prefer an appeal to an officer notified by the Government.
(6) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this section.
11
SECTION
HEADING
1.
2.
3.
4.
5.
6.
7.
An Act to amend certain laws relating to taxes and duties in the Punjab.
Preamble. Whereas, it is expedient to amend certain laws relating to tax and duties
in the Punjab and connected matters;
It is enacted as follows:-
1. Short title, extent and commencement. (1) This Act may be cited as the Punjab
Finance Act 2012.
(2) It extends to whole of the Punjab.
(3) It shall come into force on the first day of July 2012.
12
(a) in section 27-A, in sub-section (1), for the expression Articles 23, 31 or 33,
the expression Articles 23, 27-A, 31 or 33 shall be substituted; and
(b) in Schedule I, in Article 45, in column 3, after the proviso, the following
Exception shall be inserted:Exception. Notwithstanding anything contained herein, a fixed stamp duty
of five hundred rupees shall be charged in respect of an instrument of partition
relating to an urban or rural property including agricultural land, which is partly or
wholly based on opening of inheritance.
3. Amendment in Act V of 1958. In the Punjab Urban Immovable Property Tax Act,
1958 (V of 1958)
(a) in section 2, for clause (h), the following shall be substituted:(h) tax means the tax leviable under the Act and includes the late
payment surcharge in terms of section 12;
(b) in section 3, in sub-section (5), for the expression 31st day of August, the
expression 30th day of September shall be substituted;
(c) for section 12, the following shall be substituted:12. Payment of Tax and late payment surcharge. (1) Subject to subsection (2), the tax shall be paid on yearly basis on or before 30th day of September
of the year for which the tax pertains.
(2) The Government may, by notification in the official Gazette, direct
that the tax in any rating area for any specified period shall be paid separately.
(3) In addition to the proceedings for the recovery of the tax under this
Act, a late payment surcharge at the rate of one per cent of the gross payable tax
shall stand imposed on the first day of every month of delay if the tax payable for
any year is not paid by 30th day of September of the said year:
Provided the late payment surcharge on the arrears of tax as on 30th
day of June 2012 shall stand levied on and from 1st day of July 2012.; and
(d) in section 16, after the expression section 3, wherever occur, the
expression or the late payment surcharge levied under section 12 shall be
inserted.
4. Amendment in Act XXXII of 1958. In the Punjab Motor Vehicles Taxation Act,
1958 (XXXII of 1958)
(a) in section 3, in sub-section (1), in the last proviso, after the word cabin,
the words or a motor vehicle (motor car or jeep) up to 1000 CC shall be inserted;
and
(b) in the Schedule, in Sr. No. 4
(i) in column No.2, in para (b), for the entry at (i), the following shall be
substituted:-
13
(i) A lump sum tax of rupees ten thousand shall be charged for
motorcars and jeeps up to 1000cc at the time of registration:
Provided that in case of a motor vehicle registered before 1st day
of July 2012, the amount of tax already paid shall be deducted from the payable tax
of rupees ten thousand and the remaining amount shall be paid lump sum at the
time of payment of the tax due.; and
(ii) in column No.3, the expression Rs.600/- per annum shall be omitted.
5. Amendment in Act XV of 1977. In the Punjab Finance Act 1977 (XV of 1977), in
the Second Schedule, at S.No.1, in column 2, for the expression Companies
registered under Companies Ordinance, 1984 with paid up capital, the expression
Companies registered under the Companies Ordinance, 1984, modarbas, mutual
funds or any other bodies corporate with the paid-up capital or, as the case may be,
the reserves in the preceding year shall be substituted.
6. Amendment in Act VI of 2010. In the Punjab Finance Act 2010 (VI of 2010), for
section 6, the following shall be substituted:6. Capital value tax on immovable property. (1) This section shall have effect
notwithstanding anything contained in any other law.
(2) For purposes of this section
(a) association of persons includes a firm, a Hindu undivided family, a
juridical person and a body of persons formed under a foreign law, but does not
include a company;
(b) Board of Revenue means the Board of Revenue established under
the Punjab Board of Revenue Act, 1957 (XI of 1957);
(c) Collector means the Collector of the district appointed under the
Punjab Land Revenue Act, 1967 (XVII of 1967) and includes the Collector of a
subdivision or any other officer specially empowered by the Board of Revenue to
exercise and perform the functions of Collector;
(d) company means
(i) a company as defined in the Companies Ordinance, 1984 (XLVII
of 1984);
(ii) a body corporate formed by or under any law in Pakistan;
(iii) a modarba;
(iv) a body incorporated by or under the law of a country outside
Pakistan relating to incorporation of companies;
(v) a trust, a co-operative society or a finance society or any other
society established or constituted by or under any law; and
(vi) a foreign association, whether incorporated or not, which the
Government has, by general or special order, declared to be a company for
purposes of this section;
(e) Government means Government of the Punjab;
14
(f) person includes
(i) an individual;
(ii) an association of persons;
(iii) a company;
(iv) a foreign government;
(v) a political subdivision of foreign government; and
(vi) a public international organization;
(g) recorded value means the value declared by the transferee in the
instrument, provided that the declared value of the property shall not be less than
the value specified in the valuation table notified by the Collector of the district;
(h) registration authority includes the person responsible for
registering or attesting or recording the transfer of an immovable property or of the
right to use an immovable property for more than twenty years, and in the case of a
cooperative society or a private housing society, its principal officers including
president, secretary, accountant or any similar officer declared by the Collector as
the principal officer of the society;
(i) tax means capital value tax and includes any penalty, fee and
charge or any sum or amount leviable or payable under this section;
(j) urban area means an area which is
(i) a rating area under the Punjab Urban Immovable Property Tax
Act, 1958 (V of 1958) except the area where the rate of tax is zero in terms of
section 117 of the Punjab Local Government Ordinance, 2001 (XIII of 2001); or
(ii) an area notified by the Board of Revenue in the official Gazette.
(3) A tax on the capital value of an immovable property shall be payable by
a person who acquires an immovable property by purchase, gift, exchange or power
of attorney, surrender or relinquishment of right by the owner or a right to use
thereof for twenty years or more or renewal of lease so that the total period of lease
in favour of the same lessee is twenty years or more at the rates specified in subsection (5).
(4) The tax shall not be payable if
(a) immovable property is acquired through inheritance; or
(b) immovable property is acquired through gift between spouses,
father, mother, son, daughter, grandparents and grandchildren, siblings, or from
one wife or widow to another wife or widow of the same husband; or
(c) power of attorney is executed between spouses or from one wife or
widow to another wife or widow of the same husband, or father, mother, son,
daughter, grandparents, grandchildren and siblings.
(5) The rate of tax in respect of immovable property is as under:(a) Immovable property other than commercial or industrial property,
plaza or multi-storeyed building situated in urban area measuring atleast two
hundred and fifty square yards or ten marla, whichever is less
15
No.
(i)
(ii)
(iii)
Description
Where the value of the immovable
property is recorded.
Where the value of the immovable property
is not recorded.
Where the immovable property is a
constructed property.
Rate of tax
Two percent of the recorded value of the
landed area.
One hundred rupees per square feet of the
landed area.
Ten rupees per square feet of the constructed
area in addition to the value worked out
above.
Description
Where the value of the immovable
property is recorded.
Where the value of the immovable property
is not recorded.
Where the immovable property is a
constructed property.
Rate of tax
Two per cent of the recorded value of the
landed area.
One hundred rupees per square feet of the
landed area.
Ten rupees per square feet of the constructed
area in addition to the value worked out
above.
Description
Rate of tax
(i)
(ii)
16
(11) The Collector may impound any accounts or documents produced in
terms of sub-section (10) and retain the documents so long as may be deemed
necessary for purposes of examination.
(12) Where a hard copy or computer disk of information stored on a
computer is not made available as required under sub-section (10), the Collector
may require production of the computer on which the information is stored, and
impound and retain the computer for such period as may be necessary.
(13) For purposes of this section, the Collector shall have the same powers
as are vested in a Court under the Code of Civil Procedure, 1908 (V of 1908), in
respect of the following matter:(i) enforcing the attendance of any person and examining the person
on oath or affirmation;
(ii) compelling the production of any accounts, records, computer
stored information, or computer;
(iii) receiving evidence on affidavit; or
(iv) issuing commissions for the examination of witnesses.
(14) Where a registration authority or any other person mentioned in subsection (6) fails to
(i)
17
(19) Where, at the time of recovery of tax under sub-section (18), it is
established that the tax collected from the person has meanwhile been paid by the
person liable to tax, no recovery shall be made from the person who had failed to
collect the tax but the said person shall be liable to pay default surcharge at the
rate of fifteen percent per annum from the date he failed to collect the tax to the
date the tax was paid.
(20) A person personally liable for any amount of tax under sub-section
(18) as a result of failing to collect the tax shall be entitled to recover the tax from
the person from whom the tax should have been collected.
(21) The recovery of tax under sub-section (17) does not absolve a person
who failed to collect the tax from any other legal action in relation to the failure or
from a charge of default surcharge.
(22) The order passed by an officer under this section shall be deemed to
be an order passed by a Revenue Officer under the Punjab Land Revenue Act, 1967
(XVII of 1967).
(23) The provisions of sections 13 and 14 of the Punjab Land Revenue Act
1967 (XVII of 1967), shall apply to the cases under this section.
(24) For purposes of appeal, review or revision, an order passed under this
section shall be deemed to be an order of a Revenue Officer within the meanings of
sections 161, 162, 163 and 164 of the Punjab Land Revenue Act 1967 (XVII of
1967).
(25) Where the tax has been recovered from a person not liable to pay the
same or in excess of the amount actually payable, an application may, in writing, be
made to the Collector for the refund of the tax or the excess amount.
(26) The proceeds of the tax collected under this section shall be credited
to the Provincial Consolidated Fund under the head specified by the Government.
(27) The Board of Revenue may, by notification in the official Gazette,
make provisions relating to the collection and recovery of the tax or regarding any
ancillary matters.
(28) The Government may, by notification in the official Gazette, exempt a
class of immovable property or a class of persons or a mode of transfer of property
from the levy or recovery of the tax subject to such conditions as may be specified
in the notification.
7. Amendment in Act XV of 2011. In the Punjab Finance Act 2011 (XV of 2011)
(a) in section 6
(i) for sub-section (1), the following shall be substituted and shall be
deemed to have always been so substituted
(1) This section shall have effect, notwithstanding anything contained
in any other law.
(1A) The provisions of this section shall not apply to the rating areas in
terms of the Punjab Urban Immovable Property Tax Act, 1958 (V of 1958) where the
property tax is levied but shall apply to the rating areas which are zero rated in
18
terms of section 117 of the Punjab Local Government Ordinance, 2001 (XIII of
2001).
(ii) in sub-section (2), in clause (c), the full stop shall be replaced by a semicolon and the following new clause shall be inserted:(d) total minimum area means the total land area including the area
under farming even though the farm house is constructed on a portion of such area
of land.;
(b) in section 7
(i) in sub-section (2), for clauses (b) and (c), the following shall be
substituted:(b) amenities include facilities of sports, swimming, gymnasium,
fitness, conferences, ceremonies, musical concerts and other social amenities;
(c) club means an association or organization offering members
amenities, services, meals or temporary residence with initial membership fee of
rupees two hundred thousand for any category of members and notified as club by
the Government;
(d) initial membership fee includes all subscriptions or payments,
charges, donations made by an applicant for membership of the club;
(e)
(f) services means all types of services provided by the club and
includes goods sold at the club premises.;
(ii) after sub-section (3), the following shall be inserted:(3A) Notwithstanding any reduction of initial membership fee after the
club has been notified under sub-section (2), the club shall remain notified and the
cess under this section shall continue to be levied on such club.
(3B) If a club is notified for purposes of this section, the cess shall be
levied on actual initial membership paid by the applicant.
(3C) The cess shall be levied on the services provided to any person or
a member regardless of the date of membership.
[1]This Act was passed by the Punjab Assembly on 21 June 2012; assented to by the
Governor of the Punjab on 25 June 2012; and, was published in the Punjab Gazette
(Extraordinary), dated 25 June 2012, pages 41719-24.
19
SECTION
HEADING
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
[Omitted]
20
[1]
Preamble. Whereas it is expedient to levy, alter and rationalize certain taxes, fees
and duties in the Punjab and regulate the matters connected therewith;
It is enacted as follows:-
1. Short title, extent and commencement. (1) This Act may be cited as the
Punjab Finance Act 2013.
(2) It shall extend to the whole of the Punjab.
[(3) It shall come into force on the first day of July 2013 except the provisions of
clause (a) of section 2, section 5 and section 9 which shall come into force on such
date as the Government may, by notification, specify.]
[2]
2. Amendment in Act V of 1958. In the Punjab Urban Immovable Property Tax Act, 1958 (V
of 1958)
[3]
[(a) *
*]
(b) in section 4, for clause (i), the following shall be substituted:(i) one residential house, measuring an area not exceeding five marlas, used for residential
purpose except a residential house with annual value of more than five thousand rupees
situated in a part of a rating area which is category A area.
21
of the following Table shall be charged at the rate mentioned against each
entertainment in column No.3:Sr.
Entertainment
Rate of duty
1.
Admission
to
horse racing
2.
Circus
No duty
3.
Fashion show
4.
Musical show
No.
4. Amendment in Act XXXII of 1958. In the Punjab Motor Vehicles Taxation Act,
1958 (XXXII of 1958), in section 4, for subsection (2), the following shall be
substituted:(2) A person keeping a motor vehicle shall pay the tax as follows:Sr.#
Tax period
Date of payment
quarter
of
1.
2.
3.
4.
5.
6.
(2a) If a person commences to keep a motor vehicle for use, he shall pay
the tax before the expiration of twenty one days from the day when he
commences to keep the motor vehicle for use.
5. Amendment in Act I of 1972. In the Punjab Finance Act, 1972 (I of 1972),
section 9 shall be omitted.
[4]
6.
Amendment in Act I of 1997. In the Punjab Agricultural Income Tax Act 1997 (I
of 1997), after section 3A, the following section shall be inserted:-
22
3B. Tax on the basis of income tax return. Notwithstanding the provisions
of section 3, where any person has declared agricultural income for any assessment
year in the return filed under the Income Tax Ordinance, 2001 (XLIX of 2001), the
person shall pay the tax on such income at the rate specified in the Second
Schedule.
7. Amendment in Act VI of 2010. In the Punjab Finance Act 2010 (VI of 2010),
in section 6, in subsection (5), for clause (a), the following shall be substituted:(a) Immovable property, other than commercial or industrial property, a plaza
or multi-storeyed building, situated in urban area and the value of which
exceeds one million rupees:
No.
Description
Rate of Tax
(i)
Where the value of the immovableTwo per cent of the recorded value of the
property is recorded.
landed area.
(ii)
(iii)
9. Capital gains tax on immovable property. (1) This section shall have
effect notwithstanding anything contained in any other law.
[5]
23
(e) person includes
(i) an individual;
(ii) an association of persons;
(iii) a company;
(iv) a body corporate;
(v) a foreign government;
(vi) a political subdivision of a foreign government; and
(vii) a public international organization;
(f) recorded value means the value declared by the transferor in the
instrument, provided that the declared value of the property shall not be less
than the value specified in the valuation table notified by the Collector of the
district; and
(g) tax means capital gains tax on sale of an immovable property and
includes any penalty, fee and charge or any sum or amount leviable or
payable under this section.
(3) A gain occurring from the sale of immovable property by a person in a tax
year shall be chargeable to tax in that year at the following rate:Sr.
No
.
Description
one
year
Rate
1.
Sale within
acquisition
2.
4% of capital gain
3.
3% of capital gain
4.
2% of capital gain
5.
1% of capital gain
6.
No tax.
years
of
of
(4) The Collector shall determine the capital gain through calculating difference
in valuation at the time of acquisition and sale on the basis of valuation table
notified by the Collector of the district under section 27-A of the Stamp Act, 1899 (II
of 1899) or the recorded value in the transfer deed, whichever is higher.
24
(5) The Collector shall assess and collect the tax, and for this purpose, may
exercise any power of the Collector under section 6 of the Punjab Finance Act 2010
(VI of 2010).
(6) For purposes of appeal, review or revision, an order passed under this
section shall be deemed to be an order of a Revenue Officer within the meanings of
sections 161, 162, 163 and 164 of the Punjab Land Revenue Act 1967 (XVII of
1967).
(7) Where the tax has been recovered from a person not liable to pay the same
or in excess of the amount actually payable, an application may, in writing, be made
to the Collector for the refund of the tax or the excess amount within one year of
the payment of the tax.
(8) The Board of Revenue may, by notification in the official Gazette, make
provisions relating to the collection and recovery of the tax or for ancillary matters.
(9) The Government may, by notification in the official Gazette, exempt a class
of immovable property or a class of persons from the levy or recovery of the tax
subject to such conditions as may be specified in the notification.
[6]
[10. *
*]
[1]
This Act was passed by the Punjab Assembly on 27 June 2013; assented to by the Governor of the Punjab on 28
June 2013; and, was published in the Punjab Gazette (Extraordinary), dated 29 June 2013, pages 3075-78.
[2]
[3]
The following clause omitted by the Punjab Finance Act 2014 (XVII of 2014):
(a) in section 3, in sub-section (2), for the word twenty, the word ten shall be substituted;
This provision was to come into force on such date as the Government may, by notification, specify.
[4]
This section shall come into force on such date as the Government may, by notification, specify.
[5]
This section shall come into force on such date as the Government may, by notification, specify.
[6]
Section 10 Luxury tax on houses, omitted by section 7 of the Punjab Finance Act 2014 (XVII of 2014). However,
as per provision contained in sub-section (16) of section 8 of the said Act, notwithstanding the omission of section
10 of the Punjab Finance Act 2013 (XVI of 2013), if a person has paid whole or part of the tax under that section,
he may claim adjustment of an equivalent amount from the tax charged, levied, assessed and payable under this
section.
25
HEADING
Short title, extent and commencement.
Amendment in Act II of 1899.
Amendment in Act V of 1958.
Amendment in Act XXXII of 1958.
Amendment in Act I of 1965.
Amendments in Act XLII of 2012.
Amendment in Act XVI of 2013.
Luxury house tax.
FIRST SCHEDULE
SECOND SCHEDULE
[1]
Whereas it is expedient to levy, alter and rationalize certain taxes, fees and duties in the Punjab;
and to regulate the connected matters;
It is enacted as follows:
1. Short title, extent and commencement. (1) This Act may be cited as the Punjab Finance
Act 2014.
(2) It extends to whole of the Punjab.
(3) It shall come into force on the first day of July 2014 except the provisions of clauses
(a) and (b) of section 3 which shall come into force on such date as the Government may, by
notification, specify.
2. Amendment in Act II of 1899. In the Stamp Act, 1899 (II of 1899), in Schedule I, the
following amendments shall be made:
(a)
at Sr. No. 4, for the words Twenty rupees, the words Fifty rupees shall
be substituted;
(b)
at Sr. No. 5, against clause (cc), for the words One hundred rupees, the
words Twelve hundred rupees shall be substituted;
(c)
at Sr. No. 12, for the words Two percent, the words Three percent
shall be substituted;
(d)
at Sr. No. 17, for the words Fifty rupees, the words One hundred
rupees shall be substituted;
(e)
at Sr. No. 18, for the words Two percent, the words Three percent
shall be substituted;
(f)
at Sr. No. 22-A, in clause (a):
(i)
in sub-clause (i), for the words One hundred rupees, the words
Two hundred rupees shall be substituted;
(ii)
in sub-clause (ii), for the words Two hundred rupees, the words
Five hundred rupees shall be substituted;
26
(iii)
in sub-clause (iii), for the words Five hundred rupees, the words
One thousand rupees shall be substituted;
(iv)
in sub-clause (iv), for the words Seven hundred and fifty rupees,
the words Fifteen hundred rupees shall be substituted; and
(v)
in sub-clause (v), for the words One thousand rupees, the words
Two thousand rupees shall be substituted;
(g) at Sr. No. 23, in clause (a), for the words Two percent, the words Three
percent shall be substituted;
(h) at Sr. No. 27-A, for the words Two percent, the words Three percent shall
be substituted;
(i) at Sr. No. 29, for the words Thirty rupees, the words One hundred rupees
shall be substituted;
(j) at Sr. No. 31, for the words two percent, the words Three percent shall be
substituted;
(k) at Sr. No. 33, for the words Two percent, the words Three percent shall be
substituted;
(l) at Sr. No. 40, for the words Two percent, wherever occur, the words Three
percent shall be substituted;
(m) at Sr. No. 46:
(i) in clause (a), for the words One hundred rupees, the words Two
hundred rupees shall be substituted; and
(ii) in clause (b), for the words Five hundred rupees, the words One
thousand rupees shall be substituted;
(n) at Sr. No. 48:
(i) in clause (b), for the words Two percent, the words Three percent
shall be substituted; and
(ii) in clause (bb), for the words One thousand rupees, the words
Twelve hundred rupees shall be substituted;
(o) at Sr. No. 55, for the words Two percent, the words Three percent shall be
substituted;
(p) at Sr. No. 58, in clause A, for the words Two percent, wherever occur, the
words Three percent shall be substituted;
(q) at Sr. No. 63, for the words Two percent, the words Three percent shall be
substituted;
(r) at Sr. No. 63-A, for the words Two percent, the words Three percent shall
be substituted; and
(s) at Sr. No. 64, for the words One hundred rupees, wherever occur, the words
Two hundred rupees shall be substituted.
3. Amendment in Act V of 1958. In the Punjab Urban Immovable Property Tax Act, 1958 (V
of 1958):
(a)
in section 3, in subsection (2), for the word twenty, the word five shall be
substituted;
(b)
in section 4:
(i) in clause (c):
(a)
in sub-clause (i), for the words one thousand and eighty, the
words four thousand three hundred and twenty shall be
substituted; and
(b)
in sub-clause (ii), for the words one thousand six hundred and
twenty, the words six thousand four hundred and eighty shall be
substituted; and
(ii)
in clause (g), for the words forty-eight thousand and six hundred, the
words two hundred forty three thousand shall be substituted; and
(c)
in section 7, in subsection (2), for the expression on the first day of July or the
first day of January as the case may be, next following the date on which it is
finally approved by the assessing authority, the words on the date notified by
27
the Government after the approval of the valuation list by the assessing authority
shall be substituted.
4. Amendment in Act XXXII of 1958. In the Punjab Motor Vehicles Taxation Act, 1958
(XXXII of 1958), in the Schedule:
(a)
at S.No.4:
(i)
in column No. 2, for the expression Motor vehicles (motor cars or jeeps)
other than those mentioned above and having, the expression Motor
vehicles (motor cars or jeeps) other than those mentioned above or below,
and having shall be substituted; and
(ii)
in column No. 3, for the existing entries, the following shall, respectively,
be substituted:
Rs. 500/Rs. 1800/Rs. 6000/Rs. 9000/Rs. 12000/Rs. 15000/Rs. 2500/- per seat
Rs. 300/- per seat.
(b)
after S.No.4, in column Nos. 1 to 3, the following entries at S.No.5 shall be
inserted:
S.N
o
5.
Annual Rate
of Tax
Rs.20,000/-
Rs.25,000/-
Explanation: I
Imported motor vehicle here means a motor
vehicle which is manufactured abroad within last
five years prior to the tax year.
Explanation: II
An imported motor vehicle older than five years
shall be liable to annual rate of tax under S. No. 4,
above.
5. Amendment in Act I of 1965. In the Punjab Finance Act, 1965 (I of 1965), section 12 shall
be omitted.
6.
Amendments in Act XLII of 2012. In the Punjab Sales Tax on Services Act 2012 (XLII
of 2012):
(a)
in section 2:
(i)
in clause (6), for the words any law, the expression the Punjab
Revenue Authority Act 2012 (XLIII of 2012) shall be substituted;
(ii)
in clause (29), after sub-clause (a), the following sub-clause (aa) shall be
inserted:
(aa) an association of persons;
28
(iii)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
29
(a)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(a)
(b)
(xi)
(a)
(b)
(xii)
(xiii)
(a)
(b)
(xiv)
(a)
(b)
(xv)
30
(a)
(b)
(xvi)
(xvii)
(a)
(b)
(xviii)
in column No. 2, after the word designers, the words and brackets
whether relating to textile, leather, jewellery or other product regimes
including allied services such as cutting, stitching, printing,
manufacturing, fabrication, assembly, embellishment, adornments, display
(including marketing, packing and delivery etc.) shall be inserted; and
in column No. 3, after the figure 9834.0000, the word and figure and
9819.6000 shall be inserted;
at S.No.36, in column No. 3, after the figure 9806.3000, the word and the
figure and 9845.0000 shall be inserted;
at S.No.37:
in column No. 2, after the bracket at the end, the words including
industrial and commercial packaging services and similar outsourcing of
industrial or commercial processes shall be inserted; and
in column No. 3, after the figure, 9868.0000, the figures and the word,
9841.0000 and 9819.1400 shall be inserted; and
after S.No.37, in column Nos. 1 to 4, the following entries shall be inserted:
S. No.
Description
Classification
(1)
38
(2)
Services provided by specialized workshops or
undertakings (auto-workshops; workshops for
industrial machinery, construction and earthmoving machinery or other special purpose
machinery etc; workshops for electric or electronic
equipments or appliances etc. including computer
hardware; car washing or similar service stations
and other workshops).
Services provided for specified purposes including
fumigation services, maintenance and repair
(including building and equipment maintenance
and repair including after sale services) or
cleaning services, janitorial services, dredging
or desilting services and other similar services etc.
Brokerage (other than stock) and indenting
services including commission agents, underwriters and auctioneers.
(3)
98.20
39
40
98.22 and
9860.0000
Sixteen
percent
9829.0000,
9819.1200,
9819.1100,
9819.1300 and
9819.9100
9865.0000
Sixteen
percent
41
Call centres.
42
44
45
9819.9000
46
9828.0000
43
47
Rate of
Tax
(4)
Sixteen
percent
9816.0000 and
98.17
9821.1000 and
9821.2000
9821.4000
9811.0000
9802.4000
Nineteen
and a half
percent
Sixteen
percent
Sixteen
percent
Sixteen
percent
Sixteen
percent
Sixteen
percent
Five
percent
31
7. Amendment in Act XVI of 2013. In the Punjab Finance Act 2013 (XVI of 2013):
(a)
in section 2, clause (a) shall be omitted; and
(b)
section 10 shall be omitted.
8. Luxury house tax. (1) Subject to the provisions of this section, there shall be charged,
levied, assessed and paid a tax, known as luxury house tax, on categories of residential house and
at such rate as specified in the First Schedule, located on the immoveable property in the limits
of: (a) a notified rating area under the Punjab Urban Immoveable Property Tax Act, 1958 (V of
1958); (b) a cantonment under the Cantonment Act, 1924 (II of 1924); and (c) any other area
within the Province as notified by the Government at the rate specified for the remaining rating
areas and cantonments under the First Schedule.
(2) The tax shall be charged, levied, assessed and paid in addition to any other tax
charged and collected under any other law for the time being in force and shall be the first charge
upon the residential house.
(3) The liability to pay the tax shall be of the owner or occupant, jointly and severally.
(4) The tax shall be paid once either in lump sum on or before September 30, 2014 or in
four equal quarterly instalments with first instalment payable on or before September 30, 2014
and the subsequent three equal instalments being payable on or before the last day of each
concerned quarter.
(5) In the event a residential house is constructed after the commencement of this Act,
the tax shall be charged, levied, assessed and paid in the above manner and, in such a case, the
tax shall be payable in lump sum on or before the last day of the first quarter falling after the
completion of construction and, in case of payment in instalments, first instalment being payable
on or before last day of the first quarter falling after the completion of construction and the
subsequent three equal instalments being payable on or before the last day of each concerned
quarter thereafter.
(6) In case of lump sum payment, a rebate @ 10% shall be admissible if tax is paid on or
before the date fixed for payment.
(7) Any person who fails to pay the tax or any part thereof within the prescribed time
limit, whether wilfully or otherwise, shall in addition to the amount of the tax be liable to pay
default surcharge at the rate of one percent per month of the amount of tax due under this section.
(8) Notwithstanding the provisions of subsection (1), an area, residential house or a
person specified in any of the categories mentioned in the Second Schedule shall be exempt from
the levy and payment of the tax.
(9) Notwithstanding the provisions of subsections (1) and (8):
(a) the Government may, by notification in the official Gazette, exempt any area
within the limits specified in subsection (1), or any residential house or person,
from the whole or any part of the tax chargeable under this section, subject to the
conditions and limitations specified in the notification; and
(b) the grievance committee may in an individual case of hardship, by special order
in each case stating the reasons, exempt any residential house as may be
specified from payment of the whole or any part of the tax charged under
subsection (1) or from the payment of default surcharge under subsection (7).
(10)
Subject to the provisions of this section, the tax including surcharge payable
under subsection (7) shall, as nearly as possible, be paid, recovered, administered and regulated
as if it is a tax under the Punjab Urban Immoveable Property Tax Act, 1958 (V of 1958).
(11)
In case of any dispute relating to tax or exemption from the payment of the tax, a
person may file an application before the grievance committee and subject to subsection (12),
decision of the grievance committee on such dispute shall be final.
(12)
Any person or an officer aggrieved by the decision of a grievance committee
may, within fifteen days from the date of communication of the decision, prefer an appeal to the
Government.
(13)
The Government may make rules for carrying out the purposes and giving effect
to the provisions of this section.
(14)
In this section:
32
(a)
Rate of Tax
(1) Rs. 200,000/- per Kanalsubject
to a maximum of Rs.
2,000,000/-----------------------
In rating areas of
Divisional
Headquarters
District and all
the Cantonments
in the District of
Divisional
Headquarters
In remaining rating
areas
and
Cantonments
--------------------------
---------------------------
33
square feet.
*Provided that for calculating tax for an additional area less than one Kanal, pro rata rates for each
full marla shall be applied and area less than one marla shall be excluded.
SECOND SCHEDULE
[See section 8(8)]
1. A residential house with completion of construction before the first day of January 2001; or
2. An existing residential house which is owned by a person on the basis of opening of
inheritance before coming in force of this Act; or
3. A residential house or part thereof, owned by a widow by way of inheritance and used for her
permanent residence, provided that if the widow owns more than one residential house liable
to tax, she shall be entitled to exemption only in respect of one residential house; or
4. Residential house used for some other permissible use after compliance with applicable law
and during such period of compliance.
[1]
This Act was passed by the Punjab Assembly on 24 June 2014; assented to by the Governor of the Punjab on 25 June 2014; and, was published
in the Punjab Gazette (Extraordinary), dated 26 June 2014, pages 4169-78
34
HEADING
Short title, extent and commencement.
Amendment in Act II of 1899.
Amendment in Act VI of 2010.
Amendment in Act XV of 2011.
Amendments in Act XLII of 2012.
[1]
An Act to levy, alter and rationalize certain taxes, fees and duties in the Punjab.
It is necessary in public interest to levy, alter and rationalize certain taxes, fees and duties in the
Punjab; and, to deal with ancillary matters;
Be it enacted by Provincial Assembly of the Punjab as follows:
1. Short title, extent and commencement.(1) This Act may be cited as the Punjab Finance
Act 2015.
(2) It extends to whole of the Punjab.
(3) It shall come into force on the first day of July 2015.
2.
Amendment in Act II of 1899. In the Stamp Act, 1899 (II of 1899), in section 27-A, in
subsection (1), for the expression Articles 23, 27-A, 31 or 33, the expression Articles 23, 27A, 31, 33 or 63 shall be substituted.
3. Amendment in Act VI of 2010.In the Punjab Finance Act 2010 (VI of 2010), in section 6,
in subsection (5), in clause (a), the words and the value of which exceeds one million rupees
shall be omitted.
4. Amendment in Act XV of 2011.In the Punjab Finance Act 2011 (XV of 2011), section 7
shall be omitted.
5.
Amendments in Act XLII of 2012.In the Punjab Sales Tax on Services Act 2012 (XLII
of 2012):
(1)
in section 2:
(a)
for clause (1), the following shall be substituted:
(1)
Additional Commissioner means a person appointed as
Additional Commissioner of the Authority;
(1A)
Appellate Tribunal means the Appellate Tribunal
established under the Punjab Revenue Authority Act
2012 (XLIII of 2012);;
(b)
after clause (26), the following clause (26A) shall be inserted:
(26A) non-banking financial institution includes a company
licensed by the Securities and Exchange Commission of
Pakistan to carry out any one or more of the following
forms of business:
(i)
investment finance services;
35
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
leasing;
housing finance services;
venture capital investment;
discounting services;
investment advisory services;
asset management services; and
any other form of business which the Federal
Government may, from time to time, by
notification in the official Gazette specify;; and
(c)
after clause 42, the following clause (42A) shall be inserted:
(42A) "taxpayer" means any person who, in the course of an
economic activity, provides taxable services for
consideration;;
in section 3, after subsection (5), the following subsection (6) shall be inserted:
"(6)
The services mentioned in the First Schedule are not exhaustive
and all the services mentioned in the Second Schedule, rules and circulars
shall be taxable services.";
in section 10, after subsection (4), the following subsection (5) shall be inserted:
"(5)
For purposes of subsection (4), the amount of tax entitled to be
deducted shall not include any amount of additional tax, default surcharge,
fine, penalty or fee imposed or charged under the Act.";
in section 32, in subsection (1), for the word five, the word "six" shall be
substituted;
in section 33, in subsection (1), after the words "the records maintained", the
words "or obtained" shall be inserted;
in section 34:
(a) for subsection (1), the following shall be substituted:
(1)
The Authority may, by notification in the official Gazette,
appoint a Chartered Accountant as defined under Chartered
Accountants Ordinance, 1961(X of 1961) or a firm of Chartered
Accountants or a Cost and Management Accountant within the
meaning of the Cost and Management Accountants Act, 1966 (XIV
of 1966), or a firm of Cost and Management Accountants or a person
or a firm having expertise in forensic audit, for conducting a special
audit or forensic audit or both of the records of any registered
person.;
(b)
after subsection (3), the following subsection (3A) shall be inserted:
"(3A) The Authority may require that such officers of the
Authority as the Authority may nominate, shall be associated in the
special audit or the forensic audit conducted under subsection (1)
and the Authority may also get the special audit or the forensic audit
conducted jointly with similar audit of a registered person being
conducted by FBR or any other provincial administrations of sales
tax on services.";
in section 35, in subsection (6), for the words A registered person may, the
words "Subject to rules, a registered person may" shall be substituted;
in section 48, in subsection (2), in the TABLE:
(a)
at S.No.1:
(i)
in column 3, for the words shall be ten thousand rupees the words
"for a company shall be one hundred thousand rupees and for a
person, other than a company, shall be fifty thousand rupees shall
be substituted; and
(ii)
in column 4, for the figure "25", the expression "25 and 27" shall
be substituted;
(b)
for S.No.5, the following shall be substituted:
S.No.
5.
Offences
Penalties
Where a person, without Such person shall pay a
Section
30, 32, 53
36
any reasonable cause,
fails to produce the
record or information
despite receipt of a notice
from the Authority or any
officer of the Authority
directing him to produce
such
record
or
information.
(c)
(9)
(10)
at S. No. 10, in column 4, for the existing entry, the expression "General
and section 59" shall be substituted;
in section 57:
(a)
for subsection (2), the following shall be substituted:
(2)
An officer conducting an audit, enquiry, investigation or
otherwise for the purposes of the Act or the rules may require in
writing any person to furnish any information as is held by the
person.; and
(b)
in subsection (3), after the words, "the Authority", the words "or an officer
authorized by the Authority" shall be inserted;
after section 87, the following sections 88 and 89 shall be inserted:
"88. Prize schemes to promote tax culture. The Authority may, with the
approval of the Government, prescribe prize schemes to encourage the general
public to make purchases only from registered persons issuing tax invoices.
89. Reward to whistleblowers. (1) The Authority may, with the approval of the
Government, sanction reward to a whistleblower.
(2) The Authority may, by notification, prescribe the procedure in this behalf
and also specify the apportionment of reward sanctioned under this section for a
whistleblower.
(3) The claim for reward by the whistleblower shall be rejected if
(a) the information provided is of no value;
(b) the Authority already had the information;
(c)
the information was available in public records; or
(d)
no collection of tax is made from the information provided
by a whistleblower.
(4) Where, after providing an opportunity of being heard, it is found that a
whistleblower has provided false, misleading or frivolous information, he shall be
liable to a penalty of one hundred thousand rupees.
(5) In this section, whistleblower means a person who reports concealment
or evasion of tax or tax fraud leading to detection or collection of the tax.;
(11)
in Second Schedule:
(a)
in the TABLE, in the caption, in column 3, for the word "Classification",
the expression "Classification, if applicable" shall be substituted;
(b) at S.No.1:
(i)
in column 2, after the word caterers, the words (including all
ancillary or allied services such as floral or other decoration,
furnishing of space whether or not involving rental of equipment
and accessories) shall be inserted; and
(ii)
in column 3, for the word `and, a comma shall be substituted and
after the figures "9862.0000", the expression "and respective
headings shall be inserted;
(b)
at S.No.2, in column 2, for paragraph (b), the following shall be
substituted:
(b)
financed out of funds provided by a Government under an
agreement of foreign grant-in-aid;
37
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(iv)
38
(j)
(k)
(l)
(m)
(n)
39
(o)
(p)
S.
No.
(1)
47
48
49
50
51
52
40
53
54
practicing
company headings
secretaries,
receivers,
liquidators, auctioneers and
corporate law consultants,
whether
individual
or
otherwise.
Domestic transportation of
Respective
goods by air (other than
headings
courier services otherwise
taxable or chargeable to tax
as such)
Facilities for travel (by air):
9803.1000
(a) services provided or 9803.1100
rendered in respect of travel
by
air
of
passengers
embarking from the Punjab
for air travel or journey
within
the
territorial
jurisdiction of Pakistan:
(i) long routes
Sixteen percent
economy and
economy plus
Rs.10,000 per
ticket
55
56
57
9803.1000
9803.9000
Sixteen percent
9863.0000
Sixteen percent
Respective
headings
Sixteen percent
41
58
delivery) services.
Services
provided
by 9819.7000
photography studios and respective
event
or
occasion headings
photographers/film-makers
and
Sixteen percent
EXCLUDING:
59
[1]
Non-corporate (individual)
photographers
operating
from small road-side shops
declared as such by the
Authority.
Sponsorship services.
9805.9100
Sixteen percent"
This Act was passed by the Punjab Assembly on 24 June 2015; assented to by the Governor of the Punjab on 26 June 2015; and, was published
in the Punjab Gazette (Extraordinary), dated 26 June 2015, pages 7361-68.
42
HEADING
Short title, extent and commencement.
Amendment in Act II of 1899.
Amendment in Act V of 1958.
Amendment in Act X of 1958.
Amendment in Act XXXII of 1958.
Amendment in Act XIV of 1973.
Amendment in section 6 of Act VI of 2010.
Amendments in Act XLII of 2012.
Amendment in Act XXX of 2015.
Tax on imported motor cars.
[1]
An Act to levy, alter and rationalize certain taxes, fees and duties in the Punjab.
It is necessary in public interest to levy, alter and rationalize certain taxes, fees and duties in the
Punjab; and, to deal with ancillary matters.
Be it enacted by Provincial Assembly of the Punjab as follows:
1. Short title, extent and commencement.(1) This Act may be cited as the Punjab Finance
Act 2016.
(2) It extends to whole of the Punjab.
(3) It shall come into force on the first day of July 2016.
2. Amendment in Act II of 1899. (1) In the Stamp Act, 1899 (II of 1899):
(a)
in section 27-A, in subsection (1), for the expression Articles 23, 27-A, 31, 33 or
63, the expression Articles 23, 27-A, 31, 33, 48(b), 48(bb), 63 or 63-A shall be
substituted;
(b) in section 29:
(i) in clause (f), the word and shall be omitted;
(ii)
in clause (g), for the full stop, a semi colon shall be inserted; and
(iii)
after clause (g), as amended, the following new clauses (h), (i), (j) and (k)
shall be inserted:
(h) in the case of a contract chargeable with stamp duty under
Article 22-A of Schedule I, the stamp duty shall be payable
by the contractor in whose favour the instrument is executed;
(i)
in the case of a decree, rule of a court or an order of a court
chargeable with stamp duty under Article 27-A of Schedule
I, the stamp duty shall be paid by the beneficiary of the
decree, rule or order;
43
(j)
44
(d)
4. Amendment in Act X of 1958. In the Punjab Entertainment Duty Act, 1958 (X of 1958), in
section 3-A, in the Table, at Sr. No.2, in column 2, for the word Circus, the wordsCircus, well
of death, swings and magic shows shall be substituted.
5. Amendment in Act XXXII of 1958. In the Punjab Motor Vehicles Taxation Act, 1958
(XXXII of 1958):
(1) in section 3:
(a)
in subsection (1), for the full stop at the end, a colon shall be substituted
and thereafter, the following provisos shall be added:
Provided further that if so opted by the owner of a tricycle
propelled by mechanical power (motor rickshaws), the tax may be
paid in lump sum once for all at the rate specified in the Schedule
of this Act:
Provided further that if so opted by the owner of a motor
vehicle having engine capacity exceeding 1000cc but not exceeding
1300cc, the tax may be paid in lump sum for a period of three years
at the rate specified in the Schedule of this Act.;
(b)
in subsection (3), for the word July, the word August shall be
substituted;
(2)
in section 4, in subsection (2), in the Table, after Sr. No. 6, in columns 1 to 3, the
following entries at Sr. No. 7 shall be inserted:
7. For periodic lump sum payment At any time
of the motor vehicle.
(3)
in the Schedule, at S.No.3, in clause (a), in column 3, for the expression
Rs.400/-, the expression Rs.400/- per annum or Rs.3,000/- lump sum once for
all if so opted by the owner shall be substituted.
6. Amendment in Act XIV of 1973. In the Punjab Finance Act, 1973 (XIV of 1973), in Second
Schedule, in Serial No. 9, in clause (c), for paragraph (ii), the following shall be substituted:
(ii)
exceeding 1000cc but not exceeding
2% of the value of
1500cc
the vehicle
(iia)
exceeding 1500cc but not exceeding
3% of the value of
2000cc
the vehicle.
7. Amendment in section 6 of Act VI of 2010. In the Punjab Finance Act, 2010 (VI of 2010),
in section 6:
(a) in subsection (3), the words or power of attorney shall be omitted; and
(b) in subsection (4), clause (c) shall be omitted.
8. Amendments in Act XLII of 2012. In the Punjab Sales Tax on Services Act 2012 (XLII of
2012):
(a)
in section 10, subsections (4) and (5) shall be omitted;
(b)
in section 14, after subsection (2), the following subsection (3) shall be inserted:
(3)
Where a person or class of persons is required to withhold
or deduct full or part of the tax on the provision of any taxable
service or class of taxable services and either fails to withhold or
deduct the tax or having withheld or deducted the tax, fails to
deposit the tax in the Government treasury, such person or class of
45
(c)
(d)
46
47
(e)
(f)
(g)
(h)
(i)
(j)
persons paying sales tax at a rate of not less than sixteen per
cent; and
(t) such goods or services as are notified or specified by the
Authority to be inadmissible for input tax adjustment.
(2) No person other than a registered person shall make any
deduction or reclaim input tax in respect of taxable services made
or to be made by him.
(3) Notwithstanding anything contained in any other law for the
time being in force or any decision of any court, for purposes of
this section, no input tax credit shall be allowed to the persons who
paid fixed tax under any provisions of this Act or under the
respective federal or provincial sales tax law.;
in section 35, after subsection (1), the following subsection (1A) shall be inserted:
(1A) A statement, in the prescribed manner, filed by a
person who is only obliged to withhold or deduct tax, shall be
treated as a return of that person, provided that such a statement
shall not be a substitute for the return required to be filed by a
person providing taxable services.;
in section 48, in subsection (2), in the Table, in S.No.2, in column 3, for the word
five, the word ten and for the word hundred, the words two hundred shall
be substituted;
in section 60, in subsection (1), in clause (b), the expression exceeds one million
rupees, but shall be omitted;
in section 70, in subsection (1), after the words the officer of the Authority, the
expression appointed under section 39 shall be inserted;
in First Schedule, at 9809.0000, in column 2, for the word work, the word
works shall be substituted; and
in Second Schedule:
(a)
at S.No.1, in column 2, for the existing entry, the following shall be
substituted:
Services provided by hotels, motels, guest houses, marriage
halls and lawns (by whatever name called) including pandal
and shamiana services, catering services (including all
ancillary/allied services such as floral or other decoration,
furnishing of space whether or not involving rental of
equipment and accessories) and clubs including race clubs
and their membership services including services, facilities
or advantages, for a subscription or any other amount, to
their members.;
(b)
at S.No.2:
(i) in column 2, for the existing entry, the following shall be substituted:
Advertisement on television and radio or advertisement
services showcasing of any product or service in video
programmes, television programmes or motion pictures or
music albums, excluding advertisements:
(a) sponsored by an agency of the Federal or Provincial
Government for health education; or
(b) financed out of funds provided by a Government under
an agreement of foreign grant-in-aid; or
(c) conveying public service message, if telecast on
television by the World Wide Fund for Nature (WWF) or
United Nations Childrens Fund (UNICEF).; and
(ii)
in column 3, for the existing entry, the following shall be
substituted:
"9802.1000, 9802.2000 and respective headings;
(c)
at S.No.12:
(i) in column 2, for the existing entry, the following shall be substituted:
48
(d)
(e)
(f)
(g)
(h)
(i)
(j)
49
61
62
9833.0000
and respective
headings
Sixteen
per cent
9819.1400,
9833.0000,
9841.0000
and respective
headings
Sixteen
per cent
9.
Amendment in Act XXX of 2015. In the Punjab Infrastructure Development Cess Act
2015 (XXX of 2015), in section 2, for clause (k), the following shall be substituted:
(k)
value means the value of goods being imported or exported, as
determined by an officer of customs for purposes of the Customs Act, 1969,
provided that in case of goods manufactured, produced or consumed in
Pakistan, the value shall be determined by reference to the value determined
under the Sales Tax Act for purposes of levy and payment of sales tax..
10. Tax on imported motor cars. (1) Subject to this section, a one-time tax on the imported
motor cars registered after 30 June 2016 as mentioned in column 2 of the Table shall be levied at
the rate mentioned in column 3 thereof:
Sr. No.
[1]
This Act was passed by the Punjab Assembly on 27 June 2016; assented to by the Governor of the Punjab on 28 June 2016; and, was published
in the Punjab Gazette (Extraordinary), dated 29 June 2016, pages 6083-92.