01 BusInEss B Thursday, 14 March, 2013 Govt committed to completing gas pipeline project. — Dr Asim Hussain Pacra upgrades MCB’s long term credit rating KARACHI: The Pakistan Credit Rating Agency (PACRA) has upgraded the MCB Bank’s long term credit rating from AA+ to AAA, said a statement issued Wednesday. The up-gradation, it said, defined the highest credit quality with lowest expectation of credit risk. Such rating is assigned only in case of exceptionally strong capacity for timely repayment of financial commitments and which is highly unlikely to be negatively affected by foreseeable events and reflects the top status on the PACRA rating mechanism. The short term rating of the Bank is maintained at A1+ which is already the highest allocated rating in the grid. A1+ denotes the ability of the Bank to meet its obligation supported by the highest capacity for timely repayment. This elevation is coherent with the well-defined organizational structure of the Bank, experienced Management, high standards of corporate governance, prudent risk management framework, improving asset quality, continuous investment in information technology, well established and well diversified branch network and strong absorption capacity. MCB Bank is one of the leading financial institutions of Pakistan with history of robust profitability ratios, highest capital adequacy, lowest cost of deposits and lowest infection ratios. A comprehensive insight into our various groups setup and detailed assessment of relevant leadership in each area has been central to this upgrade. Given the current country rating, economic position and the weak monetary and fiscal governance, such an acknowledgement of performance of MCB Bank Limited is indeed a milestone. STAFF REPORT Growing exports to arrest trade deficit at $15bn during FY13 KARACHI: As the next budget is just a quarter away, April-June, the economic observers are expecting the monthly trade deficit to further turndown in the remaining months of current fiscal year (FY13). They foresee the trade deficit to stand at around $ 15 billion during FY13. “The declining deficit is expected on account of better performance by exports as PKR depreciation against dollar is anticipated to reach 9% YoY by year-end thus making our local exports cheaper,” viewed Muniba Saeed of InvestCap Research. This, the analyst said, along with beginning of textile exports to EU on concessionary tariff from Pakistan as well as continuing exports of yarn and grey cloth to China was expected to fare well for exports. “On the imports side, we see decline in fertilizer, palm oil and oil exports to weigh down the import bill thus relieving pressure on the deficit,” she said. Giving a monthly account of the balance of trade, the analyst said as per data of the Pakistan Bureau of Statistics (PBS) the trade deficit in Feb-13 declined by a handsome 11% MoM to a level of $1.548 billion. Such positivity can be attributed to a 10% MoM step down in imports of Feb-13 to a level of $3.383 billion (down by $380 million) whereas the dip in exports of 9.29% MoM ($188mn lower) to $1.835 billion made such positivity less pronounced. Compared to Feb-2012, trade deficit showed a decline of 6.6% YoY in Feb- 13, where imports fell by 2.3% YoY and exports lowered by 8.7% YoY. In 8MFY13, the analyst said, the balance of trade (commodities) stood at a deficit of $13.185 billion, a level 10% YoY lower compared to $ 14.660 billion in 8MFY12. STAFF REPORT KARACHI STAFF REPORT T HE Federal Board of Revenue (FBR) is cognizant of all issues emanating out of SRO 98(I)/2013 issued on February 14 and steps are being taken to address all problematic issues in consultation with the Institute of Chartered Accountants of Pakistan (ICAP) so businesses may not be ad- versely affected due to new set of sales tax withholding rules. This was stated by Khawaja Tanveer Ahmad, Chief Commissioner Regional Tax Office, Karachi, while addressing a well-attended seminar organized by ICAP Southern Region Committee (SRC) here Wednesday. The top sales tax FBR official dilated upon reasons why government failed to introduce a broad based Value Added Tax (VAT) in 2009. He explained that in the past FBR’s enforcement arm was frozen for sometime resulting in suspension of tax audits; as a result most of the field of- ficers forgot techniques for conducting meaningful tax audits. However, he agreed that collection of sales tax through withholding schemes was negation of self assessment, which should be discouraged. Tanveer categori- cally declared that SRO 98 would be amended to cater and suit business opera- tions and no business needs to modify its operations due to the new withholding tax scheme. Upon a question, the Chief Com- missioner also clarified that FBR has no objection to allow input tax credits to its taxpayers whose corresponding output tax was being paid in SRB or PRA kitty. Earlier, while making a comprehen- sive and elaborative presentation on SRO 09, M. Adnan Mufti FCA, CPD Convener SRC dilated at length about legislative history of Sales Tax Withholding Tax Rules 2007. He high- lighted that due to re- scinding of SRO 603, the requirement of tax deduction on purchase from un- registered sectors has been done away with. He also explained the background of Sec- tions 2(21a) and 7 of Federal Excise Act 2005 read with RSO 543(I)/2008 dated 11 June 2008 and contended that excus- able goods and services are outside the purview of Sales Tax Withholding Rules 2007. He apprehended that as a result of new measures, corporate withholding agents might start / shift business in the name of AOP / Individuals; thus, corpora- tization would be hampered and adversely affected. Alternatively, mmanufacturers / importers might prefer sales to unregis- tered sectors or to AOPs / Individuals not liable to withhold tax. On the issue of in- come tax / excise duty assesses being clas- sified as sales tax withholding agents, Mufti emphasized that the provisions of Income Tax Ordinance 2001 and Federal Excise Act 2005 do not provide any ref- erence, authority or reliance upon Sales Tax Act 1990 and rules made thereunder for collection of sales tax for a company, not otherwise in sales tax fold, which may be made liable to withhold sales tax. On the contrary, such reciprocity or counter reference only finds place in Sections 2(21a) & 7 of Fed- eral Excise Act 2005 and Section 2(14)(c) of Sales Tax Act 1990 whereby excise duty is made ad- justable as sales tax and vice versa. Taking up a key issue regarding applicabil- ity of SRO 98 on invoices is- sued prior to 14 February 2013, Adnan Mufti referred to FBR’s clarification dated 17 August 2009 whereby it was clarified that old invoices will not attract withholding tax. He elaborated that under SRO 98, 1/5th of the amount of sales tax, shown on the face of tax invoice, needs to be deducted. For instance, extra tax @ 0.75% would also undergo tax withhold- ing over and above 16%. In his presentation, Adnan Mufti ex- plained with practical examples that un- less a business earns 25% profit on cost, it will be exposed to liquidity pressures under SRO 98. In particular, he referred to Rule 58C of Sales Tax Special Proce- dure Rules 2007 whereby commercial im- porters are not entitled to claim refund in any circumstances. In this way, SRO 98 directly hits cash flows of commercial im- porters, he claimed. On the legal touch tone, Mufti ex- plained that no specific provision exists in the statute to claim refund of withheld tax. In particular, law is silent where tax was withheld at the time of making payments and subsequently the goods were returned back to the supplier. How supplier may claim adjustment / refund of such with- held tax; he questioned. In the end, Mufti addressed the penal provisions of the sales tax law and ex- plained SRO 660 does not prescribe any specific penalty for non deduction of withholding tax. However, such an act may attract misc. penal provisions envis- aged under Section 33 of the Act. He went on to say that in numerous cases, assess- ment orders have been issued whereby tax @ 1% not withheld by the taxpayers under SRO 660/97 was added back to their own liability. If the corresponding supplier had discharged his entire liability @ 16%, this addition would mean 17% tax to the exchequer. Penalty should not be levied till it is proved that the supplier has also defaulted in his liability to the state and a revenue dent was caused to the exchequer, he maintained. KARACHI STAFF REPORT Engro Corporation was recognized among the top and most preferred em- ployers in the country. Engro Corporation is the only Pak- istani private company that has made it to top five. According to a survey con- ducted by Rozee.pk, in collaboration with a UK based Research Company YouGov, the Corporation was voted as a preferred employer bringing the com- pany to the 4th place in the league of top five employers. To ensure that Engro remains the most sought after employer among col- lege graduates and experienced profes- sionals, the company continues to implement its holistic strategy for em- ployee and organizational development. As part of the survey, the respondents were asked to cast their votes based on or- ganization’s brand image, potential for ca- reer growth, work environment, compensation & benefits and social re- sponsibility. Engro Corporation received a weighted share of 77 percent in Agricul- ture/Fertilizer & Pesticide sector for its fertilizers business – Engro Fertilizers and was, thus, the most preferred em- ployer in the category, secur- ing the first position. Similarly, the foods business of the Com- pany – Engro Foods – received 34 per- cent weighted votes and secured the second posi- tion in the cate- gory of the most preferred employer in the FMCG sector. Speaking of the recognition – Tahir Jawaid – Senior Vice President of Human Resources & Public Affairs at Engro Corporation said: “Engro’s suc- cess can be credited to one reason above all others: we have consistently attracted, hired and retained some of the most tal- ented people in Pakistan. Our ability to create high performance teams in a culture of inclusiveness, professionalism and ex- cellence is what drives our success. We are pleased to be part of the list and going forward we will con- tinue to ensure that Engro remains the most sought after em- ployer among col- lege graduates and experienced pro- fessionals alike.” Engro is a dy- namic company and has a strong history of nurturing talent and creating opportunities for growth. With existing employee strength of over 3,700 individuals, Engro regularly recruits graduates through career fairs and graduate recruitment programs and pro- vides unmatched career guidance and mentoring to its employees. SECP amends first schedule to Companies Ordinance 1984 KARACHI STAFF REPORT The Securities and Exchange Commission of Pakistan (SECP), aiming to facilitate corporate sector, has amended the First Schedule to the 1984 Companies Ordinance, containing articles of association of companies vide its SRO 194(I)/2013. The amendments broadly relate to the areas of alternative dispute resolution (ADR) mechanism, dividend payments mode, holding of the meetings of the Board of Directors through tele/video conferencing, sending of notices through email, and procedure for election of directors for companies limited by guarantee and not having a share capital. In order to provide a tool for dispute resolution between the company or its shareholders or between the directors or the shareholders, new provisions have been added to Tables A and C. The said provisions seek to encourage directors, shareholders and other stakeholders to solve their disputes without recourse to courts of law. Amendments have also been made to Table A of the First Schedule, enabling the companies to make payment of dividend in cash and/or in specie. Earlier, such facility was not clarified in the relevant provisions. As per previous provisions, it was not necessary to give notice of directors’ meeting to any director who was out of country for the time being. Now, owing to the amendment to Tables A and C of the First Schedule, it has been made easier to send notice to directors, whether in the country or out of country, via email, which will be considered a valid notice. Keeping in view the technological advances, new provisions in Tables A and C have been added to facilitate directors to hold meetings through tele/video conferencing in emergency situations, where it is not possible for them to be physically present at the venue of the meeting. This provision shall increase directors’ participation in meetings. Lastly, to make provisions for holding of election in companies limited by guarantee and not having share capital, a new provision has been added to Table C, which mandates that the directors of the company shall be elected in accordance with the provisions of the ordinance. FBR vows changes in SRO 98 to suit business operations SRO 98 WOULD BE AMENDED TO CATER AND SUIT BUSINESS OPERATIONS AND NO BUSINESS NEEDS TO MODIFY ITS OPERATIONS DUE TO THE NEW WITHHOLDING TAX SCHEME ENGRO’S SUCCESS CAN BE CREDITED TO ONE REASON ABOVE ALL OTHERS: WE HAVE CONSISTENTLY ATTRACTED, HIRED AND RETAINED SOME OF THE MOST TALENTED PEOPLE IN PAKISTAN Engro recognised among Pakistan’s top 5 employers FAISALABAD: A factory is seen closed due to gas and electricity load shedding in Faisalabad. online CMYK 16-17 Business Pages (14-03-2013)_Layout 1 3/14/2013 1:07 PM Page 1