As enacted

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Inland Revenue Act 2006 · As enacted · Chapter XXIII · Appeals A-Appeals to the Commissioner-General

170. Appeal on a question of law to the Court of Appeal

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

The decision of the Board shall be final:

Provided that either the appellant or the Commissioner-General may make an application requiring the Board to state a case on a question of law for the opinion of the Court of Appeal. Such application shall not be entertained unless it is made in writing and delivered to the Secretary to the Board, together with a fee of one thousand and five hundred rupees, within one month of the date on which the decision of the

Board was notified in writing to the Commissioner-General or the appellant, as the case may be.

(2)

The case stated by the Board shall set out the facts, the decision of the Board, and the amount of the tax in dispute where such amount exceeds five thousand rupees, and the party requiring the Board to state such case shall transmit the case, when stated and signed to the Court of Appeal, within fourteen days after receiving the same.

(3)

For the purpose of the application of the provisions of the Stamp Duty Act, No. 43 of 1982–

(a)

all proceedings before the Court of Appeal on any case stated under this section or incidental to the hearing, determination or disposal of any such case, shall be deemed to be civil proceedings before the

Court of Appeal of the value of five thousand rupees or of such greater amount as is set out by the Board in the stated case as the amount of the tax in dispute;

(b)

every such case stated shall, together with all books, documents and papers annexed thereto by the

Board, be deemed to be a single exhibit in civil proceedings before the Court of Appeal; and

(c)

the Commissioner-General, if he is the appellant, shall be deemed to be a Government officer suing, or if he is the respondent to the appeal, a Government officer being sued, in a suit virtue offcii.

(4)

At or before the time when he transmits the stated case to the Court of Appeal, the party requiring it shall send to the other party, a notice in writing informing him that a case has been stated on his application and shall supply him with a copy of the stated case.

(5)

Any two or more Judges of the Court of Appeal may cause a stated case to be sent back to the Board for amendment, and the Board shall amend the case accordingly.

(6)

Any two or more Judges of the Court of Appeal may hear and determine any question of law arising on the stated case and may in accordance with the decision of Court upon such question, confirm, reduce, increase or annul the assessment determined by the Board, or may remit the case to the Board with the opinion of the Court, thereon. Where a case is so remitted by the Court, the Board shall revise the assessment in accordance with the opinion of the Court.

(7)

The Court of Appeal may, pending the determination of the case stated to such Court, make an interim determination as regards the amount of tax recoverable by the Commissioner-General in respect of the amount of tax in dispute, on the basis of a report furnished by the

Commissioner-General.

(8)

In any proceedings before the Court of Appeal under this section, the Court may make such order in regard to costs in the Court of Appeal and in regard to the sum paid under subsection (1), as the Court may deem fit.

(9)

For the purposes of enabling the Commissioner-General or any other party to appeal to the Supreme Court against any order of the Court of Appeal under subsection (6), and for the purpose of the application of the provisions of any written law relating to appeals to the Supreme Court from the decisions of the Court of Appeal–

(a)

an order made by the Court of Appeal under subsection (6) shall, together with any order of that

Court under subsection (8), be deemed to be a final judgement of the Court of Appeal in a civil action between the Commissioner-General and such other party;

(b)

the value of the matter in dispute in such civil action shall be deemed to be five thousand rupees:

Provided that where the Board has in the stated case, set out an amount higher than five thousand rupees as the amount of the tax in dispute, the value of the matter in dispute in such civil action shall be deemed to be that higher amount; and

(c)

the Commissioner-General shall not be required in respect of any such appeal, to make any deposit or pay any fee or furnish any security prescribed by such written law.

Chapter XXIV