Zubair Qureshi Islamabad
While disposing of a complaint Tax Ombudsman has directed FBR to examine ‘chargeability’ or otherwise of sales tax under the Sales Tax Act, 1990 on Computerized Arms Licenses. Briefly the complaint was filed under Section 10(1) of the Federal Tax Ombudsman Ordinance, 2000 (FTC Ordinance) against inaction on part of the FBR to take cognizance of the fact that NADRA, Islamabad was/is not charging sales tax on the supply of goods in the form of i) Computerized Arms Licenses Cards. During hearing, Shehzad Akhtar representing the NADRA stated that they are providing ‘Services’ to Ministry of Interior for printing and supplying Cards.
The complainant reacted that the supply of cards was in fact “supply of goods as ‘card’ falls within the definition of “goods” under the Sales Tax Laws. After elaborate discussion during the course of hearing the FTO made findings to revenue division to examine ‘chargeability’ or otherwise of sales tax under the Sales Tax Act, 1990 on Comput rized Arms Licenses in the form of cards, being supplied by NADRA, Islamabad to the Federal Government, and Provincial Governments on the analogy of Chip-based Vehicle Registration Cards ,the LTO, Islamabad has stated that “Under section 3 (2B) of the Islamabad Capital Territory (Tax on Services) Ordinance, 2001, the tax levied under sub-section(l) is not applicable to regulatory and licensing services rendered or provided by an organization established under a Federal Statute. NADRA has been established under National Database and Registration Ordinance, 2000 which is a Federal Statute. Therefore, sales tax on arms licensing services of NADRA is not applicable”. The legal position is that clause (b) of sub-section (2) section 9 of the FTO Ordinance, 2001 bars jurisdiction of the FTO, inter alia, in matter of ‘determination of liability’ of tax on duty.
FBR vide has determined that the computerized licences in the form of cards being supplied by NADRA Islamabad to the Federal Government and Provincial Governments attract charge of sales tax at standard rate.
