SHC orders release of consignments on payment of ST and differential

KARACHI: An appellate bench of High Court of Sindh (SHC) comprising Justice Muneeb Akhtar and Justice Muhammad Humayun Khan on Tuesday ordered release of the consignment of petitioner/appellant Islamabad Feed on payment of Sales Tax at a rate of 10 per cent and 7 per cent differential with the Nazir of the Court.

The petitioner claiming the benefit of 8th schedule to the Sales Tax Ordinance 1990 question the levy of 17 per cent Sales Tax on Sun Flower meal instead of concessionary 10 per cent.

The respondent Sales Tax officials through their counsel Masooda Siraj maintained that the tariff is very clear on the inadmissibility of against PCT Heading 2306.3000.

The counsel submitted that the Sun flower meal do not fall under serial number 15 of the 8th Schedule of Sales Tax Act 1990, not chargeable under concessionary rate and levy of 17 per cent tax was as per mandate of the law and tariff.

The bench as an interim arrangement ordered provisional release of the consignment directing the petitioner/appellant to pay Sales Tax at a rate of 10 per cent to the department while deposit 7 per cent differential/disputed sales tax with the Nazir of the SHC who upon verification and other formalities will issue a certificate to the officials/respondents for release of the consignment.

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