Page 129 - CCL AR 2017 Final
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19.2   Workers’ Welfare Fund (WWF)


                    As  per  WWF  Ordinance,  1971,  WWF  was  chargeable  @  2%  of  the  taxable  income.  The  Federal
                    government through Finance Acts 2006 and 2008 amended the WWF Ordinance, 1971, where by the
                    term `total income` shall be considered as profit before taxation as per declaration of income in the return
                    or as per accounts, whichever is higher. These amendments were challenged by the Company and other
                    taxpayers in the Honourable Peshawar High Court who decided the case in their favor in the year 2013-
                    14.

                    The Tax department filed an appeal against the order of the Honourable Peshawar High Court in the
                    Honourable Supreme Court who decided the case in favour of the taxpayers. Accordingly the Company
                    has reversed the charge for WWF in respect of prior years’ amounting to Rs. 35.040 million.

             20.    ACCRUED MARK-UP
                                                                             Note       2017        2016
                    Islamic banks                                                          (Rupees in ‘000)
                    Long-term financing                                                124,431       56,916

                    Conventional banks
                    Long-term financing                                                 12,825        9,496
                    Short-term borrowings                                                9,087        6,758
                                                                                        21,912       16,254
                                                                                       146,343       73,170
             21.    SHORT-TERM BORROWINGS – secured

                    Short-term running finance – Conventional banks          21.1    1,500,411      207,876

             21.1   Represents facilities obtained from various conventional banks amounting to Rs.2,265 million (2016:
                    Rs. 2,265 million) out of which Rs. 764.589 million (2016: Rs. 2,057 million) remains unutilized at the
                    year end. These facilities carry mark-up ranging from 3 months KIBOR + 0.50% per annum to 3 months
                    KIBOR + 1% per annum and 1 month KIBOR + 0.25% per annum to 1 month KIBOR + 1.25% per
                    annum. These facilities are secured against registered joint pari-passu hypothecation charge over stocks
                    and book debts for Rs. 3,003 million. Further, the Company has obtained credit facilities from various
                    Islamic banks amounting to Rs. 550 million (2016: Rs. 400 million) which remained unutilized at the
                    year end. These facilities are secured against registered pari-passu hypothecation charge over stocks and
                    book debts for Rs. 734 million.

             22.    CONTINGENCIES AND COMMITMENTS

             22.1   Contingencies

             22.1.1  During the period from 1994 to 1999, excise duty was wrongly collected from the Company based on
                    retail price inclusive of excise duty. The stand point of the Revenue Department was challenged by the
                    Company and the High Courts have agreed with the Company’s point of view that excise duty shall
                    not be included as a component for determining the value i.e. retail price for levying excise duty. On
                    an appeal filed by the Department, the Honourable Supreme Court of Pakistan, on February 15, 2007,
                    upheld the point of view of the High Courts.

                    The Department filed a review petition against the decision of the Honourable Supreme Court of Pakistan.
                    On  January  20,  2009,  the  Honourable  Supreme  Court  of  Pakistan  gave  a  favorable  decision  for  the
                    Company and has not allowed the admittance for hearing of this review petition.

                    The aforesaid decision has resulted in creation of a refund claim of Rs. 882 million (2016: Rs. 882
                    million), which was wrongly collected from the Company. However, while verifying the refund claim,
                    the Collector of Excise and Sales Tax Peshawar has issued a show cause notice to the Company raising




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