Page 199 - Pakistan Oilfield Limited - Annual Report 2022
P. 199

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                                                                                              Annual Report 2022












             S.No.   Key Audit Matters                            How the matter was addressed in our audit
             (iv)    Litigation with respect to conversion of  TAL
                     Block petroleum concession to Petroleum Policy
                     2012
                     (Refer note 25 to the consolidated financial
                     statements)
                     The Ministry of Energy (Petroleum Division) issued a   Our audit procedures in relation to the matter, amongst
                     notification dated December 27, 2017 (SRO) which   others, included the following:
                     required that the Supplemental Agreement already   •   Inspected Petroleum Concession Agreement (PCA)
                     executed in respect of TAL block for conversion of   and Supplemental Agreements signed with the
                     petroleum concession from Petroleum Exploration   Government of Pakistan;
                     and Production Policy 1997 to Petroleum
                     Exploration and Production Policy 2012 shall be   •   Checked SRO issued by the Ministry of Energy;
                     amended (within 90 days) to include Windfall Levy   •   Checked relevant clauses of Petroleum Exploration
                     on Oil and Condensate (WLO), failing which the    & Production Policy 2012 for applicability of WLO;
                     working interest owners will not remain eligible for
                     gas price incentive as per Petroleum Policy 2012.   •   Discussed the matter with directors, management
                     The impugned notification was issued after the    and internal legal department of the Group;
                     approval of Council of Common Interest (CCI) dated   •   Obtained confirmation from the Group’s external
                     November 24, 2017.                                legal advisor and checked legal opinion obtained
                     The Group challenged the said notification in the   by the Group and the order issued by the Islamabad
                     Islamabad High Court and the matter is pending    High Court;
                     before the Court in principle on the ground that   •   Evaluated technical ability of the internal and
                     an already executed arrangement cannot be         external legal advisors used by the Group;
                     retrospectively altered unilaterally. The Honourable
                     Court has restrained the Government for any action   •   Assessed the matter under applicable accounting
                     under the impugned notification and to maintain   frame work; and
                     status quo. Group’s contention is duly supported by   •   Assessed the appropriateness of disclosures made
                     the legal advice on the matter.                   in the consolidated financial statements in respect
                                                                       of this matter.
                     The supplemental agreement was signed under the
                     conversion package where gas price was enhanced and
                     WLO was not applicable. The impugned SRO, by giving
                     retrospective effect, amounted to taking away the vested
                     rights already accrued in favour of the Group. As per the
                     legal opinion Government has no authority to give any
                     law or policy a retrospective effect.

                     The Group has not recognised the revenue (net
                     of sales tax) to the extent of Rs 19,659 million
                     since inception to June 30, 2022 on account of
                     enhanced gas price incentive due to conversion
                     from Petroleum Policy 1997 to Petroleum Policy
                     2012 and will be accounted for upon resolution of
                     this matter.
                     We considered this as key audit matter due to the
                     significant amounts involved and significant judgments
                     made by management regarding the matter.
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