Page 22 - Condensed Interim Financial Statements - September 2023
P. 22

Notes to and forming part of the Condensed Interim
        Financial Statements (Unaudited)
        For the three months ended September 30, 2023


               On December 27, 2017, the Ministry of Energy (Petroleum Division) notified certain
               amendments  in  Petroleum  Policy  2012  which  also  included  addition  of  following
               explanation of conversion package:
               “the conversion package shall include (i) price of Natural Gas for New Exploration Efforts
               (ii) windfall levy on Natural Gas (iii) EWT gas production, pricing and obligations (iv)
               Windfall  levy  on  Oil  &  Condensate,  only  for  PCAs  converting  from  1994  and  1997
               Petroleum Policies and (v) Financial obligations relating to production bonus, social
               welfare and training”.
               Under  the  said  Notification,  the  Supplemental  Agreements  already  executed  for
               conversion from Petroleum policies of 1994 & 1997 shall be amended within 90 days,
               failing which the working interest owners will not remain eligible for gas price incentive.
               On January 3, 2018, Directorate General Petroleum Concessions (DGPC) has required
               all  exploration  and  production  companies  to  submit  supplemental  agreements  to
               incorporate the aforementioned amendments in Petroleum Concession Agreements
               (PCAs) signed under 1994 and 1997 policies, for execution within the stipulated time as
               specified above.

               Based on legal advice, the Company is of the view that already executed Supplemental
               Agreement cannot be changed unilaterally, the Supplemental Agreement was signed
               under the Conversion Package where gas price was enhanced and Windfall Levy on
               Oil/Condensate (WLO) was not applicable, the impugned SRO by giving retrospective
               effect  amounts  to  taking  away  the  vested  rights  already  accrued  in  favour  of  the
               Company. The Government has no authority to give any law or policy a retrospective
               effect. The Company filed Constitutional Petition challenging the imposition of WLO on
               February 19, 2018 against Federation of Pakistan through Ministry of Energy (Petroleum
               Division), Islamabad. The Honourable Islamabad High Court after hearing the petitioner
               on February 20, 2018, directed the parties to maintain the status quo in this respect. After
               multiple hearings, the case came up for hearing on May 24, 2022 before the Honourable
               Chief Justice of Islamabad High Court, wherein matter was adjourned till June 30, 2022,
               however the same could not be heard and next date of hearing is yet to be announced.
               On prudent basis additional revenue (net of sales tax) on account of enhanced gas price
               incentive due to conversion from Petroleum Policy 1997 to Petroleum Policy 2012 since
               inception  to  September  30,  2023  amounting  to  Rs  26,888,736  thousand  will  be
               accounted for upon resolution of this matter (including Rs 25,265,875 thousand related
               to period since inception to June 30, 2023). Additional revenue on account of enhanced
               gas price incentive of Rs 24,583,127 thousand and sales tax of Rs 4,196,372 thousand
               received from customer on the basis of notified prices has been shown in "trade and
               other payables". Sales tax of Rs 4,196,372 thousand (June 30, 2023: Rs 3,928,026
               thousand) received from customer on the basis of notified prices is declared in the
               monthly sales tax return as well as duly deposited with Federal Board of Revenue by the
               Company. The amount so deposited is shown in "advances, deposits, prepayments and
               other receivables".






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