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As enacted
Contents

Part III · Returns and Information

8. Returns and information to be furnished

Official English translation. The Sinhala text prevails.

(1)

Every registered person shall furnish to the

Commissioner-General a return either in writing or by electronic means for every quarter on or before the twentieth day of the month after the end of each relevant quarter. Every such return shall be in the form specified by the

Commissioner-General.

(2)

Every registered person who furnishes such return under subsection (1) which is not in such form shall be deemed for the purposes of this Act, not to have furnished a return as required by subsection (1).

(3)

The Assistant Commissioner shall issue a notice to a person referred to in subsection (2) requiring such person to furnish within fourteen days of receipt of such notice, a return as specified in subsection (1).

(4)

The Assistant Commissioner shall acknowledge receipt of the return only upon receipt of a proper return as specified in subsection (1) which shall be considered a valid return for the purposes of this Act.

(5)

For the purposes of obtaining full information in respect of the turnover of any registered person, the Assistant

Commissioner may give notice in writing or by electronic means to such person requiring him –

(a)

to produce for examination or transmit to the

Assistant Commissioner, within the period specified in such notice any books of accounts whether contained in a manual, mechanical or electronic format or combination thereof, trade lists, stock lists, registers, invoices, cheques, bank statements, paying-in-slips, accounts, auditors’ reports or other documents in his possession as may be specified in order to verify the entries in such books, documents and accounts; or

(b)

to attend in person or by an authorized representative at such place and on such date and at such time as may be specified in the notice for the purpose of being examined regarding the taxable activity carried on or carried out by that person.

(6)

An Assistant Commissioner may retain in his custody as long as such retention is necessary for the purpose of this

Act any books of accounts whether contained in a manual, mechanical or electronic format or combination thereof, trade lists, stock lists, registers, invoices, cheques, bank statements, paying-in-slips, accounts, auditors’ reports or other documents in his possession as may be specified in order to verify the entries in such books, documents or accounts.

(7)

A return, statement or form purporting to be furnished under this Act by or on behalf of any registered person shall for all purposes be deemed to have been furnished by that person or by his authority, as the case may be, unless the contrary is proved, and any registered person signing such return, statement or form shall be deemed to be cognizant of all matters contained therein.

(8)

Where any registered person fails to comply with the provisions of this section or fails to comply with the requirements of a notice given to such person, the

Commissioner-General may –

(a)

impose on such person a penalty of a sum not exceeding fifty thousand rupees; and

(b)

give notice in writing or by electronic means to such person of the imposition of such penalty and require such person –

(i)

to pay such penalty; and

(ii)

to comply with the requirements of this section within such period as may be specified in such notice.

(9)

The Commissioner-General may reduce or annul any penalty imposed on any registered person under paragraph (a) of subsection (8) if such person proves to the satisfaction of the Commissioner-General that his failure to comply with the provisions of this section was due to circumstances beyond his control and that he has subsequently complied with the provisions.

Part IV

Assessment of Levy

Part V

Payment and Collection of the Levy

Part VI

Appeals

Part VII

Recovery of Levy

Part VIII

Liability of Certain Persons to Pay Levy

Part IX

Offences and Penalties

Part X

Miscellaneous

Part XI

Adminstration Provisions

Part XII

General

Schedules