Author: Faisal Shahnawaz

  • Pakistan needs to ensure direct import, exports: PSAA

    Pakistan needs to ensure direct import, exports: PSAA

    KARACHI: Pakistan exports need to maximize selling on C&F basis and imports to maximize buying on FOB basis in order to increase revenue earning along with reducing cost of doing business.

    In a letter to Adviser Commerce, Textile, Industry, production and Investment, Abdul Razzak Dawood, Chairman PSAA said that this will ensure direct exports to end users and imports direct from producers and will cut out third party intervention.

    One of the steps which is a major hurdle creating extra costs is freight tax, income tax ordinance 2001, section 7, sub-section (1), Para (a) and (b) and urged to revisit and deleted in total.

    This will result in zero tax freight in Pakistan and eradicate time wasting red tapisim.

    While giving example of export cargoes, he said that cargoes like cement clinker, rice etc, in shiploads which were being sold on C&F basis are now mostly sold on FOB basis.

    One of the reasons is freight tax which is applicable as per income tax ordinance 2001.

    Only few shipping agents /ship owners have the connections /papers work to get waiver of freight tax (Maximum freight tax is 8 percent on freight earned).

    Therefore third parties are involved which buys FOB from Pakistan exports, arrange /charter ships, get freight tax waiver and sell to end users or actual buyers on C&F basis.

    Giving example of import cargoes, he said when an imports wants to buy on FOB basis and arrange charter ship himself to save overall C&F cost then even on import cargo 8 percent freight tax on freight is attracted as per income tax ordinance 2001.

    Also State Bank of Pakistan does not permit /delays in opening FOB letters of credit.

    This again opens the door for third party intervention, they step in , receive the C&F letter of credit (thereby avoid freight tax) by FOB from suppliers, arranges /charter ships and sell C&F to Pakistani imports.

    Therefore in actual fact negligible ‘if any’ freight tax is earned but it has negative impact for both importers and exporters of cargoes in shiploads/ chartered vessels.

    As for as containerized cargoes are concerned, most of the shipping lines to get freight tax waivers as per existing bilateral trade agreements between Pakistan and other countries.

    Therefore in actual fact there is no major earning of freight tax.

  • Weekly Review: PSX stabilization fund to keep positive sentiments

    Weekly Review: PSX stabilization fund to keep positive sentiments

    KARACHI: Stock market likely positive in the upcoming weeks amid activation of a PSX stabilization fund in the foreseeable future, analysts said.

    This sentiment with also continue along with contraction in the Current Account Deficit (CAD) by 27 percent in 10MFY19 which may improve investor sentiments, analysts at Arif Habib Limited said.

    However, they said, economic concerns are still hovering around for instance endless slide of Pak Rupee against the greenback and further rate hikes expected with inflation expected to tick higher post adjustment in utility prices (gas and electricity tariff hike).

    This week trading commenced on a positive note despite a 150 basis points hike by the State Bank of Pakistan on Monday, which was higher than consensus expectation of 100 basis points.

    To note, revival of investors’ confidence came on the back of a meeting held between stock brokers and Advisor to Prime Minister on Finance Hafeez Sheikh to form a PSX support fund for market stabilization along with approval of deferred oil payment facility of $3.2 billion with Saudi Arabia which will ease pressure on balance of payments’ and foreign exchange reserves.

    The market is expecting a fund size of Rs17-20 billion, similar to one launched in 2009, which may invest in government owned companies in the upcoming weeks.

    The benchmark KSE-100 index of Pakistan Stock Exchange (PSX) rebound and posted a positive return after seven weeks to close at 35,704 points, up by 2,537 points (highest increase in terms of points) or 7.65 percent WoW (10-year high return in terms of percentage).

    Contribution to the upside was led by i) Fertilizer (+524 points), ii) Commercial Banks (+494 points), iii) Cements (+314 points), iv) Oil and Gas Marketing Companies (+273 points), and v) Oil and Gas Exploration Companies (+273 points).

    Scrip wise major gainers were ENGRO (+172 points), LUCK (+167 points), FFC (+157 points), PSO (+136 points), and POL (+120 points).

    Foreign buying continued this week clocking-in at USD 0.02mn compared to a net buy of USD 8.21 million last week.

    Major buying was witnessed in Cement (USD 2.19 million) and Commercial Banks (USD 1.44 million). On the local front, selling was reported by Insurance Companies (USD 6.01 million) followed by Mutual Funds (USD 5.64 million).

    That said, average daily volumes for the outgoing week were significantly up by 66 percent to 178 million shares likewise value traded increased by 44 percent to USD 40 million.

  • FBR advised to substantially reduce penalties on non-filing, late-filing of tax returns

    FBR advised to substantially reduce penalties on non-filing, late-filing of tax returns

    The Pakistan Tax Bar Association (PTBA) has advised the Federal Board of Revenue (FBR) to significantly reduce penalties imposed on non-filers and late filers of income tax returns and wealth statements.

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  • Installing scanners at Pak-China borders suggested to prevent misuse clearance under CPEC

    Installing scanners at Pak-China borders suggested to prevent misuse clearance under CPEC

    KARACHI: Institute of Chartered Accountants of Pakistan (ICAP) has suggested to install scanners at Pak-China borders to stop misuse customs clearance of goods transported under China – Pakistan Economic Corridor(CPEC).

    The ICAP in its tax proposals for budget 2019/2020 said that CPEC is a journey towards economic regionalization in the globalized world.

    This will deepen and broaden economic links between Pakistan and China and will surly leave a positive impact on other countries of the region.

    The success of CPEC is directly proportional to three factors viz. (a) security arrangements, (b) infrastructural development and (c) smooth e-based Customs operations.

    Whereas, a number of initiatives are being taken, and proposed to be taken, on two fronts viz. security and infrastructure, but Customs operations, have hitherto been given little thought.

    The ICAP presented following recommendations:

    i. “SCANNERS” be introduced / installed at Pak China Borders and at Gwadar / Karachi Port in order to check / verify each and every container with its contents

    to cross verify that the same have been exported / imported without its misuse.

    ii. Scanning image of exports from China border should be compared with scanning image of goods delivered from Gwadar / Karachi port and vice versa for imports until then entry should remain open for scrutiny.

    iii. Chinese exporters / importers should also file the entry in the WeBOC system of China, and Pakistan should have access to the China WeBOC system to mark green the container cleared in the WeBOC.

    Entry to remain open until the same is verified by actual export / import routed through Gwadar / Karachi as such showing the containers not yet cleared or in transit or if not cleared after 7 days of being released from Pakistan port then marked red for being misused.

    In such cases, show cause notices be sent to exporters / importers, as the case may be, for further inquiry.

    iv. In case of exports, goods should only be allowed in containers loaded in China and evidence of shipping line booking and Bill of Lading be obtained as proper evidence.

    v. There should also be a set up for custom offices after every 200 km intervals along the routes of CPEC to ensure effective monitoring of transit trade flows.

    vi. In order to ensure swift and smooth monitoring, e-tagging be installed on vehicles carrying cargo.

    When a vehicle crosses the designated customs office at the pre-marked route, the data of cargo movement would automatically enter the system showing location and brief description of goods, etc.

    vii. The online movement of the cargo should be viewed by both customs offices at port of entry and exit. The containers carrying cargo be sealed and de-sealed by customs at entry and exit points respectively. This will ensure safety of the cargo and avoiding en-route pilferage.

    viii. Both Governments must agree to strengthen customs controls at the border and to establish “Electronic Data Interchange” (EDI) linkage between Pakistan and China on “Real Time Basis” to ensure reconciliation of export/ import data of cargo routed through CPEC route.

    ix. In case of imports, evidence of payment of goods by Chinese importer to their suppliers and submission of bank guarantee equivalent to government levies to be collected on China imports by Pakistan Customs before release.

    Transit cargo will be transported from and to China, which needs Customs facilitation as well as monitoring both en-route and entry/exit stations to avoid menace like presently being faced due to Afghan Transit Trade.

    CPEC also envisages establishment of export processing zones, special economic zones and free zones. This requires door-step Customs facilitation to ensure swift clearances of goods without any pilferages.

    More importantly, the duty/tax free goods will be transported across Pakistan, which needs en-route monitoring so that the same are not pilfered en-route, jeopardizing the very essence of CPEC.

    Moreover, any smuggling/pilferage of Chinese goods en-route will have direct and serious repercussions on Pakistani industry and duty paid goods.

    “A case in hand is Afghan Transit trade cargo. It used to suffer from different infirmities, which kept on hindering its smooth operations. These issues ranged from mis-declarations, delays, isolated and partial e-monitoring, en- route pilferages, smuggling etc.”

    A number of adhoc arrangements such as verifications of cross border certificates, random examinations at port of entry and enhancement of anti-smuggling operations etc. were made, but desired results could not be fetched.

  • New tax legislation sought for Islamic banking

    New tax legislation sought for Islamic banking

    KARACHI: Federal Board of Revenue (FBR) has been suggested to draft new legislation for taxation of Islamic banking.

    It is proposed that the audited financial statements of Islamic banks as well as those of Islamic Banking branches/windows operations of conventional banks provided separately in the audited financial statements of conventional banks submitted to the State Bank of Pakistan should be taken as basis of calculation for income tax.

    Overseas Investors Chamber of Commerce and Industry (OICCI) in tax proposals of budget 2019/2020 highlighted:

    Rule 3: Treatment for Shariah compliant banking—

    — Any special treatment for “Shariah Compliant Banking” approved by the State Bank of Pakistan shall not be provided for any reduction or addition to income and tax liability for the said “Shariah Compliant Banking” as computed in the manner laid down in this schedule.

    — A statement, certified by the auditors of the bank, shall be attached to the return of income to disclose the comparative position of transaction as per Islamic mode of financing and as per normal accounting principles. Adjustment to the income of the company on this account shall be made according to the accounting income for purpose of this schedule.

    It is recommended that new legislation to be drafted to provide neutrality in the light of below:

    — The audited financial statements of Islamic Banks as well as those of Islamic banking operations of conventional banks provided separately in the audited financial statements of conventional banks and submitted to the State Bank of Pakistan shall form the basis for the calculation of income tax liability as provided in this Schedule.

    The OICCI said that the objective of Rule 3 of 7th Schedule was to provide tax neutral treatment to IBIs, however, it is difficult to meet the condition of Sub-Rule (2) of Rule 3, keeping in view the diversified nature of Islamic banking transactions and equating each transaction to a conventional equivalence and then getting it certified by the auditor which is time consuming and costly for Islamic Banking Institutions. Moreover, it does not give space for differentiated transactions as each transaction from Income Tax purpose has to be equated with a conventional transaction.

    It is thus proposed that the audited financial statements of Islamic Banks as well as those of Islamic Banking branches/windows operations of conventional banks provided separately in the audited financial statements of conventional banks submitted to the State Bank of Pakistan should be taken as basis of calculation for income tax with additions and deductions as provided in the Seventh Schedule to the Income Tax Ordinance, 2001 which is applicable to the entire banking industry in Pakistan.

  • SBP issues draft procedures for payment of duty, taxes under Tax Amnesty Scheme 2019

    SBP issues draft procedures for payment of duty, taxes under Tax Amnesty Scheme 2019

    KARACHI: State Bank of Pakistan (SBP) Friday issued draft procedure for payment of duty and taxes against declaration made to avail amnesty scheme.

    According to draft text made available to PkRevenue.com, the SBP said that in pursuance of the section 9 of the Asset Declaration Ordinance, 2019 (hereinafter referred to as the “Ordinance”), State Bank of Pakistan (hereinafter abbreviated as SBP) is pleased to notify the procedure for:

    a) Method of conversion of value of assets held outside Pakistan in Pak Rupees.

    b) Deposit of tax in foreign currency through State Bank of Pakistan; and

    c) Repatriation of assets to Pakistan.

    2. Short title and commencement:

    i. The Procedure may be called Procedure under section (9) of the Asset Declaration Ordinance, 2019; and

    ii. It shall be deemed to have come into force from XXth day of May 2019.

    3. Method of Conversion of Value of Foreign Currency Denominated Assets in Pak Rupees:

    i. The asset held outside Pakistan and foreign currency held in Pakistan shall be converted into PKR at such exchange rates1 as may be notified on daily basis by the SBP to Federal Board of Revenue (FBR) in respect of ten currencies i.e. AED, AUD, CAD, CHF, CNY, EUR, GBP, JPY, SAR, and USD.

    ii. If the foreign currency denominated assets are in currencies other than those specified in clause 3(i), the taxpayer shall convert the said currency into PKR by using the following formula:

    The arithmetic mean of Weighted Average Customer Exchange Rates (Buying & Selling)

    Amount of assets in PKR = A x B x D / C where,

    A = Amount of asset in currency other than currencies listed in 3(i) held outside Pakistan;

    B = Number of USD per SDR to be taken from IMF website2;

    C = Number of currency units in a currency other than those listed in 3(i)) per SDR3; and

    D = Exchange Rate of USD with PKR as notified by the SBP under clause 3(i) for the applicable.

    Illustration: The taxpayer has assets in Singapore Dollar amounting to 1,000 and files the declaration on May 16, 2019.

    The rates from the IMF Website of preceding working day would be available and applicable for conversion.

    Hence, the parities of USD, Singapore Dollar with SDR as of May 15, 2019 are 1.382330 and 1.891160 respectively.

    Amount of asset in PKR = 1,000 ∗

    1.382330∗141.34451.891160 = PKR. 102,881.94

    4. Registration and Declaration of Assets and Deposit of Tax Thereon:

    i. The taxpayer shall file his/her declaration on FBR Web Portal electronically by disclosing their assets held outside Pakistan, and foreign currency held in Pakistan, in PKR as converted under clause 3.

    ii. The system will generate tax liability of the taxpayer in PKR by applying the relevant tax rate for each category of disclosed assets. The taxpayer has the option of discharging his/her liability either in USD or AED. After selection of tax payment currency, the system will compute the tax liability in PKR and USD/AED.

    iii. The taxpayer will now visit the website: https://paysys.fbr.gov.pk to generate the PSID in PKR and USD/ AED. The sequential number of PSID will be

    2 Special Drawing Rights (SDR) rates (Currency Units per SDR) accessible from https://www.imf.org/external/np/fin/data/param_rms_mth.aspx

    3 Special Drawing Rights (SDR) rates (Currency Units per SDR) accessible from https://www.imf.org/external/np/fin/data/param_rms_mth.aspx recorded by the taxpayer in his/her own record, besides taking the print thereof.

    5. Payment of tax by wire transfer to SBP Account:

    a. Payment of tax in US Dollars:

    i. After declaration of assets and generation of PSID as described in Para ‘4’ above, the tax liability as reflected in the PSID shall be remitted by wire transfer to the following account:

    Receiver’s Correspondent Bank: NATIONAL BANK OF PAKISTAN

    Receiving Bank Address: NEW YORK, U.S.A

    Receiving Bank SWIFT Code: NBPAUS33

    Beneficiary Customer Name: NATIONAL BANK OF PAKISTAN

    Beneficiary Customer Address: I.I. CHUNDRIGAR ROAD, KARACHI, PAKISTAN

    Beneficiary Customer’s SWIFT Code: NBPAPKKAXXX

    Beneficiary Customer’s Account No: XXXXXXXX (to be provided by NBP)

    Payment Instructions: TRANSFER TO SBP COLLECTION A/C WITH NBP-KO

    Taxpayer shall in the SWIFT message, bearing the necessary instructions above shall also include PSID No, CNIC, Date of Birth (DOB), and Place of Birth (POB) of the taxpayer.

    ii. After receiving the money, the correspondent Bank will pass on the funds to the NBP-Karachi account maintained with them for collections of the scheme and inform NBP Karachi through SWIFT message.

    iii. NBP-Karachi shall, after verifying receipt of the money in its account and necessary screening, access the FBR Portal and enter the PSID from SWIFT message in the system to access his/her details.

    Thereafter, the concerned officer shall input the amount so received in the designated field. The system will match the amount received with the amount of PSID; eCPR will be generated if the amount received matches with the PSID amount.

    In case of short payment, the system will generate SMS/ email for the taxpayers regarding the short payment. The short payment of up to USD. 100 can be deposited in cash with the designated NBP branches in major cities.

    In order to avoid the hassle; the taxpayers should make sure that the amount received in the SBP account with NBP net of correspondent and other bank charges, is equal to or greater than the amount of PSID. The excess amount, if any, shall be credited to a temporary account to be closed after the culmination of the scheme.

    iv. NBP – Karachi shall settle the foreign currency proceeds of the issued eCPRs into the Nostro account of SBP with NBP New York on a T+1 basis.

    v. NBP- Karachi shall render summary of settlement of eCPRs in respect of which the settlement has been made in SBP Nostro Account. The summary inter-alia shall include the PKR equivalent of amount of liability as per PSID along with its equivalent in foreign currency.

    vi. SBP shall credit the government account with the amount of PKR as accumulated through PSIDs and consequential exchange rate differential shall be on SBP account.

    b. Payment of tax in UAE Dirham:

    i. After declaration of assets and generation of PSID as described in Para ‘5’ above, the taxpayer shall arrange to remit the AED funds against the tax liability as reflected in the PSID and Form ‘A’ to SBP through official normal banking channels in the following SBP account:

    Receiver’s Correspondent Bank: UNITED BANK LIMITED

    Receiving Bank Address: ABU DHABI, UAE

    Receiving Bank SWIFT Code: UNILAEAD

    Beneficiary Customer Name: NATIONAL BANK OF PAKISTAN

    Beneficiary Customer Address: I.I. CHUNDRIGAR ROAD, KARACHI, PAKISTAN

    Beneficiary Customer’s SWIFT Code: NBPAPKKAXXX

    Beneficiary Customer’s Account No: XXXXXXXX (to be provided by NBP)

    Payment Instructions: TRANSFER TO SBP COLLECTION A/C WITH NBP-KO

    Taxpayer shall in the wire transfer, or SWIFT message, bearing the necessary instructions shall also include PSID No, CNIC, Date of Birth (DOB), and Place of Birth (POB) of the taxpayer.

    ii. After receiving the money, the correspondent bank will pass on the funds to the NBP-Karachi account maintained with them for collections of the scheme and inform NBP Karachi through SWIFT message

    iii. NBP-Karachi shall, after verifying receipt of the money in its account, access the FBR Portal and enter the PSID no from SWIFT message in the system to access his/her details.

    Thereafter, the concerned officer shall input the amount so received in a designated field. The system will match the amount received with the amount of PSID; eCPR will be generated if the amount received matches with the PSID amount.

    In case of short payment, the system will generate SMS/ email to the taxpayers regarding the short payment. The short payment of equivalent to up to USD 100 can be deposited in cash with the designated NBP branches in major cities.

    In order to avoid the hassle; the taxpayers should make sure that the amount received in the SBP account with NBP net of correspondent and other bank charges, is equal to or greater than the amount of PSID.

    The excess amount, if any, shall be credited to a temporary account to be closed after the culmination of the scheme.

    iv. NBP – Karachi shall settle the foreign proceeds into the Nostro account of SBP with UBL – Abu Dhabi on a T+1 basis.

    v. NBP- Karachi shall render a summary of settlement of eCPRs in respect of which the settlement has been made in SBP Nostro Account. The summary inter-alia shall include the PKR equivalent of amount of liability as per PSID along with its equivalent in foreign currency.

    vi. SBP shall credit the government account with the amount of PKR as accumulated through PSIDs and consequential exchange rate differential shall be on SBP account.

    6. Payment of Tax of Foreign Currency Held in Pakistan:

    i. The following assets shall be included in the foreign currency held in Pakistan:

    • Cash held by the declarant which is deposited into a bank account in the manner prescribed by the section 8(a) of the assets declaration ordinance 2019;

    • Foreign Currency held in declarants own foreign currency bank account and retained in the said account in accordance with the provisions of Section 8(b) of the assets declaration ordinance 2019; and

    • Face Value of the amount invested in Pakistan Banao Certificates (PBCs).

    ii. The aforesaid assets shall be converted into Pak Rupee in accordance with the procedure given in Clause 3 above. The PKR value so computed shall be declared in Form-A along with Bank Name, Branch name and account number.

    iii. The taxpayer will then generate a PSID in PKR and USD through https://paysys.fbr.gov.pk; the sequential number of which will be recorded by the taxpayer in his/her own record, besides taking the print thereof.

    iv. The payment of such tax shall be made locally through local USD Clearing accounts of the bank maintained with the State Bank of Pakistan for which purpose the taxpayer may request their banker to issue a debit authority in favor of Chief Manager SBPBSC-KO, authorizing to debit the account to the tune of the tax liability. Debit authority must specify the PSID of the taxpayer, so as to enable the generation of eCPR.

    7. Repatriation of Assets to Pakistan:

    i. Taxpayers intending to repatriate their assets held outside Pakistan shall remit the same to Pakistan through banking channels in declarants’ own in PKR of FCY account in any bank in Pakistan.

    ii. The Pakistani bank receiving the repatriated funds shall issue Asset Repatriation Certificate (ARC) which shall include the details such as Name of Remitter, Amount in FCY, and IBAN of taxpayer. Each ARC shall have a unique reference number, which the taxpayer shall use to report the same to FBR.

    iii. The bank shall issue ARC under these rules only in respect of remittances on or after the date of issuance of this procedure.

    iv. The declaration filed by the taxpayer shall be accepted by the Portal only after incorporating the following information on the FBR Portal in respect of repatriated assets:

    a) Number and Date of Issuance of ARC;

    b) Issuing Bank;

    c) Address of the Branch maintaining the account of the taxpayer; and

    d) IBAN of the account in which the repatriated assets are credited.

    v. SBP may either as a part of its regular inspection or through a special inspection may examine the record of all such certificates issued by the bank so as to confirm their accuracy and conformity with underlying record and transaction trail.

  • UBL completes winding up New York Branch

    UBL completes winding up New York Branch

    KARACHI: United Bank Limited (UBL) has completed winding up of its New York Branch following the agreement was terminated by Federal Reserve Bank of New York (FRBNY), a statement said on Friday.

    In a notices sent Pakistan Stock Exchange (PSX), the bank said that further to the disclosure made on January 29, 2019 regarding the voluntary liquidation by UBL of its New York Branch, and surrendering of the NY Branch’s License to the New York State Department of Financial Services (the “NYDFS”), in accordance with Section 605.11 (c) of the New York Banking Law and the procedures prescribed by the NYDFS.

    The bank informed that consequent upon the liquidation of “NY Branch”, in an orderly manner, the Federal Reserve Bank of New York (“FRBNY”) has informed that the Written Agreement dated 02 July 2018 (WA-2018), signed by and among the FRBNY, UBL and NY Branch has been terminated.

    This disclosure was made public by Federal Reserve Board on 23 May 2019 after the office hours in Pakistan. The termination of WA-2018 marks the completion of UBL NY Branch winding down process in an orderly manner under the guidance of both the Regulators i.e. NYDFS and FRBNY.

    UBL deeply appreciates the assistance provided by the State Bank of Pakistan, the New York Department of Financial Services, and the Federal Reserve Bank of New York during the voluntary liquidation process and during the time that the NY Branch was in business.

  • KSE-100 gains 123 points amid selling activity

    KSE-100 gains 123 points amid selling activity

    KARACHI: The stock market ended with gain of 123 points on Friday despite selling activity observed at the end of the trading.

    The benchmark KSE-100 index of Pakistan Stock Exchange (PSX) closed at 35,704 points as against 35,581 points showing an increase of 123 points.

    Analysts at Arif Habib Limited said that the market opened on a positive note today with +54 points and 3.4 million shares traded at opening bell.

    However, profit booking started soon that took the index in negative territory. Although buying activity was not observed across the board, bulls were still found to be in control, which took the index up by 185 points.

    Cement Sector led the volumes today with 26.9 million shares followed by Banks (18 million).

    Among scrips, UNITY led the table with 12.2 million shares, followed by MLCF (8.7 million) traded at upper circuit.

    Although total market volume declined, the market seems to have taken positive view on impending State Enterprise Fund that is likely to get a go-ahead in the coming week.

    Sectors contributing to the performance include Fertilizer (+82 points), Cement (+64 points), O&GMCs (+31 points), Food (+29 points), Banks (+28 points) and E&P (-139 points).

    Volumes dropped from 227.7 million shares to 142 million shares (-38 percent DoD). Average traded value also declined by 15 percent to reach $40.2 million as against $47.4 million.

    Stocks that contributed significantly to the volumes include UNITY, MLCF, TRG, PAEL and KEL, which formed 27 percent of total volumes.

    Stocks that contributed positively include FFC (+61 points), LUCK (+32 points), NESTLE (+24 points), UBL (+22 points) and DAWH (+21 points). Stocks that contributed negatively include OGDC (-57 points), PPL (-47 points), POL (-36 points), HBL (-13 points) and HMB (-11 points).

  • Rupee recovers another 25 paisas against dollar

    Rupee recovers another 25 paisas against dollar

    KARACHI: The Pak Rupee gained another 25 paisas against dollar for second day on Friday after witnessing massive deterioration during past nine days.

    The rupee ended Rs151.20 to the dollar from previous day’s closing of Rs151.45 in interbank foreign exchange market.

    The foreign exchange market was initiated in the range of Rs151.30 and Rs151.50.

    The market recorded day high o f Rs151.85 and low of Rs151.20 and closed at Rs151.20.

    The rupee fell to record low of Rs152 during the current week from the level of Rs141.40 to the dollar on May 15, 2019.

    The exchange rate in open market witnessed gain in rupee value.

    The buying and selling of dollar was recorded at Rs151.00/Rs152.00 from previous day’s closing of Rs152.00/Rs153.25 in cash ready market.

  • FTO directs audit of all manufacturers for misusing SRO 1125

    FTO directs audit of all manufacturers for misusing SRO 1125

    ISLAMABAD: Federal Tax Ombudsman (FTO) has directed Federal Board of Revenue (FBR) to conduct audit of all manufacturers who availed the benefit of SRO 1125(I)/2011.

    In its suo moto action related to misuse of zero-rated sales tax facility under SRO 1125(I)/2011 the FTO detected systematic flaws and directed, through an order dated May 15, 2019, the FBR to take following measures:

    — develop a comprehensive risk management framework in the working of IRIS based sales tax registration rules and revisit the approved risk engine and scores to mitigate the possibility of any misuse of ‘manufacturer status’ by the registered persons;

    — “arrange audit of all manufacturers who availed the benefit of SRO 1125(I)/2011 to find out whether ‘manufacturer status’ was granted after fulfillment of requisite conditions and in cases of irregular approvals of manufacturers status fix responsibility on the dealing staff for proceedings under E&D Rules and take necessary measures under law/rules for recovery of losses caused to government revenues;

    — direct PRAL and Directorate of Reforms and Automation (Customs) to develop and implement system/software for live data synchronization with WeBOC regarding sales tax registration to ensure blacklisted and suspended taxpayers are not able to import and get undue benefit of SRO 1125(I)/2011; and

    — to direct all commissioners to conduct half yearly physical verification of all units registered in their jurisdiction as ‘manufacture’ to verify existence of manufacturing facility of all such units.

    The FTO also directed the FBR to submit quarterly implementation report.

    In the misuse of the SRO, the findings of the FTO observed that the review of sales tax registration rules and risk score weightage assigned to the risk parameters employed in the registration process which lead to misuse of ‘manufacturer’ status by registered persons for the purpose of tax evasion.

    The FTO further observed that the FBR vide SRO 494 (I)/2015 dated June 30, 2015 showed that the IRIS based Sales Tax Registration module failed to timely incorporate the provisions of revised registration rules.

    “The requisite changes in IRIS were incorporated after nine months vide SRO 227(I)/2016 dated March 21, 2016.”

    The FTO observed that the FBR had failed to take timely action in integrating the registration modules in IRIS system thereby providing opportunity to the unscrupulous elements to take advantage of the weaknesses in the registration procedure of the sales tax department.

    “Moreover, modification in the registration module was carried out after nine months of the revision of sales tax registration rules, but evidently no exercise was carried out by the field formation to verify that the existing manufacturers were registered in conformity with the provisions of revised rules.”

    The FTO mentioned two cases i.e. M/s. Aran Mart International and M/s. Venus & Co. where FBR had failed to monitor their transactions and took belated action to recover short levied government dues.

    In its case specific recommendations, the FTO asked the FBR to direct the Directorate General Intelligence and Investigation to:

    a. conduct detailed investigation to find out real owners of M/s. Aran Mark International by interalia utilizing information available in customs clearance documents and instruments used for payment of import duties and taxes; and

    b. recover the amount of illegal concessions availed by M/s. Aran Mart International uder the law/rules; and

    c. ascertain IR staff responsible for approving ‘manufacturer status’ of M/s. Aran Mart International either through collusion or failure to take precautionary measures for protection of government revenue for taking disciplinary action under E&D Rules and for recovery under the law/rules; and

    d. initiate criminal proceedings against the owners of M/s. Aran Mart International along with those delinquent tax functionaries who deliberately and with ulterior motive connived to approve the ‘manufacturer’ status of M/s. Aran Mart International.

    The FBR has also been asked to direct the Chief Commissioner IR, Corporate RTO Karachi to recover from M/s. Venus & Co. sales tax amounting to Rs32.799 million and further tax of Rs8.7 million assessed by the department.

    The FBR has been further asked to direct the Directorate of Intelligence and Investigation (Customs) to investigate and fix responsibility of clearance of import after suspension of STR of the M/s. Aran Mart International.