AVN 51.24 Increased By ▲ 2.18 (4.44%)
BAFL 28.67 Increased By ▲ 0.12 (0.42%)
BOP 3.62 Decreased By ▼ -0.01 (-0.28%)
CNERGY 3.27 No Change ▼ 0.00 (0%)
DFML 10.74 Decreased By ▼ -0.06 (-0.56%)
DGKC 52.60 Increased By ▲ 0.62 (1.19%)
EPCL 43.90 Increased By ▲ 0.30 (0.69%)
FCCL 12.41 Decreased By ▼ -0.01 (-0.08%)
FFL 6.20 Increased By ▲ 0.04 (0.65%)
FLYNG 5.99 No Change ▼ 0.00 (0%)
GGL 10.30 Increased By ▲ 0.04 (0.39%)
HUBC 68.66 Increased By ▲ 0.16 (0.23%)
HUMNL 5.84 No Change ▼ 0.00 (0%)
KAPCO 22.60 Decreased By ▼ -0.05 (-0.22%)
KEL 1.84 Increased By ▲ 0.01 (0.55%)
LOTCHEM 29.50 Increased By ▲ 0.60 (2.08%)
MLCF 28.70 No Change ▼ 0.00 (0%)
NETSOL 81.35 Increased By ▲ 4.45 (5.79%)
OGDC 79.90 Increased By ▲ 1.50 (1.91%)
PAEL 9.76 Increased By ▲ 0.09 (0.93%)
PIBTL 4.31 Increased By ▲ 0.10 (2.38%)
PPL 61.65 Increased By ▲ 1.16 (1.92%)
PRL 14.43 Decreased By ▼ -0.05 (-0.35%)
SILK 1.10 Increased By ▲ 0.04 (3.77%)
SNGP 42.98 Increased By ▲ 0.48 (1.13%)
TELE 7.22 Increased By ▲ 0.12 (1.69%)
TPLP 13.21 Increased By ▲ 0.44 (3.45%)
TRG 99.00 Increased By ▲ 2.87 (2.99%)
UNITY 15.40 Increased By ▲ 0.17 (1.12%)
WTL 1.19 Increased By ▲ 0.01 (0.85%)
BR100 4,190 Increased By 29.8 (0.72%)
BR30 14,589 Increased By 182.3 (1.27%)
KSE100 41,904 Increased By 217.8 (0.52%)
KSE30 14,804 Increased By 61.5 (0.42%)
Follow us

ISLAMABAD: The Economic Coordination Committee (ECC) of the Cabinet has scrapped the proposed draft Implementation Agreement (IA) between K-Electric (erstwhile KESC) and the FBR for settlement of 27-year-old dispute of Rs 321.733 million, after objections were raised during the ECC meeting, well-informed sources told Business Recorder.

Sharing the details, sources said, KESC (now K-Electric) imported high voltage equipment and electrical material for rehabilitation and expansion of Transmission, Grid and Distribution system during 1995-96. However, owing to non-payment of custom duty amounting to Rs. 321.733 million by KESC, 40 consignments of equipment remain blocked at the port for some time.

ECC in its meeting held on May 18, 1998 deliberated and decided that the issue of payment of duties/taxes and demurrage should be looked into by a committee, to be convened by the then Secretary Water and Power.

Non-payment of Rs321.733m duty by KESC: ECC to approve pact to settle 27-year-old dispute today

ECC further decided that the equipment lying at the port should be released immediately on submission of indemnity/guarantee by the KESC.

Consequently, CBR (now FBR) released the equipment on submission of indemnity bonds ofRs.32.1.733 million by KESC. However, the issue remained unresolved till the time of privatisation and later included in Implementation Agreement (IA) of April 2009, as an unsettled issue.

K-Electric filed a writ petition in the Sindh High court in 2018 and the case was dismissed by the court with the direction that “liability of Rs.321 million outstanding towards duty and taxes for more than 20 years shall be paid by the petitioner within four weeks from the date of the order.”

K-Electric, aggrieved by the order of the High Court of Sindh, filed a civil suit in 2019 before the Supreme Court which in its interim order of May 6, 2019 directed the petitioner to deposit 25 percent of the claimed liability of Rs 321.733 million and directed Government of Pakistan to discharge its obligation under Article 8.7 of Amended Implementation Agreement. Consequently, K-Electric deposited Rs. 80.5 million in the government treasury. During hearing of the case on October 05, 2022, the Supreme Court directed Government of Pakistan to resolve the matter within three months.

The sources said, to comply with the order of Supreme Court and to resolve a long pending issue related to the implementation of Article 8.7 of the AIA, the Prime Minister on December 26, 2022 constituted a high level committee with the following composition: (i) Minister for Power (Chairman); (ii) Minister for Privatisation (Member); (iii) Minister of State for Finance (Member); (iv) Secretary, Finance Division (Member); (v) Secretary, Power Division (Member); (vi) Secretary, Law and Justice Division (Member); (vii) Secretary, Privatisation Division; and (viii) Chairman FBR. Federal Minister for Power Division chaired two meetings of the committee and amicably concluded the issue by devising a settlement mechanism, which is mutually agreed and signed by all stakeholders.

According to the agreement, K-Electric, to pay 50 per cent of the total disputed customs duty and taxes amounting to Rs 312,733,000 from its own revenue/profit shall not charge it from its consumers.

However, as K-Electric had deposited Rs 80,500,000 on May 13, 2019 to the Collector Customs Karachi therefore, the power utility company would only deposit remaining amount of Rs 80,366,500 to the Collector Customs by March 31, 2023, making total aggregating to Rs 160,866,500, ie, equivalent to 50 per cent of the total disputed amount of Rs 321,733,000.

For the remaining 50 per cent, K-Electric will file a tariff petition before Nepra to allow it as a pass through amount in tariff. Consequent upon approval from Nepra, KE will also deposit the remaining 50 per cent amount with Collector of Customs FBR within 90 days of tariff approval.

Copyright Business Recorder, 2023


1000 characters

Rs321.733m old dispute ECC scraps proposed draft IA between KE and FBR

As budget announcement nears, here are some proposals that could affect you

How experts view the upcoming budget announcement

Federal cabinet meeting approves Budget 2023-24

Cyclone Biparjoy: Climate minister says conditions supporting system may intensify

Migrants in UAE, including Pakistanis, turn to crypto to send remittances home

Ali Muhammad Khan re-arrested in Mardan shortly after being discharged from vandalism case

Kremlin says US can’t tell Saudi Arabia what to do on oil policy

Britain sets price floor on oil and gas windfall tax

Trump faces federal charges in classified documents case, adding to legal woes

Chinese investors flock to Riyadh conference seeking new markets, capital