The fact of Conflict – 1: As per
S.R.O. 141-Act/2021/138-Mushak, where computer and computer accessories have
been declared exempted in Table-5, Heading no 84.71.
The fact of Conflict – 2:
However, Global Brand is providing S.R.O. 240-Act/2021/163-Mushak as a
reference to their right to apply VAT on selling computer and computer
accessories.
If we go through the definition
of Procurement provider, it means any person or organisation who provides both
goods and services (except exempted supplies) by quotation or tender or work
order or otherwise approved by any ministry, to a government department or
offices, semi-government or subsidiary, any state-owned organisation, local
authority, council or any similar body, NGO Affairs Bureau or any private
organisation approved by Department of Social Services, to any bank, insurance
company or similar financial institution, any secondary or higher-level
educational institution and any limited supply to any limited company. The SRO
also states that purchases for products exempted by SRO (i.e: computer and
computer equipment), will also be treated as procurement provider. _VAT
withholding in terms of procurement providers. Subsection 4(ka), S.R.O.
240-Act/2021/163-Mushak.
Again, In the case of supply of
goods or services exempted by S.R.O 141 by the Procurement providers, the
recipient of the supply will have to deduct tax at source as procurement
provider service. _VAT withholding in terms of procurement providers.
Subsection 4(kha), S.R.O. 240-Act/2021/163-Mushak.
The
above reference clarifies that ABC being a trader, will be treated as
procurement providers (Other than those registered as manufacturers). Hence,
computer and computer accessories will be treated as Non-exempted supply for
VAT.
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