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25. Amendment of PART II of the First Schedule to the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

The First Schedule of the principal enactment is hereby amended in PART II thereof as follows:-

(1)

The Heading of PART II of the principal enactment is hereby amended by the substitution for the words

Act, No. 11 of 2015

and figures “For any taxable period commencing on or after January 1, 2004,-” of the words and figures “For any taxable period commencing on or after January 1, 2004 (subject to effective dates specified in subsequent amendments to the

Schedule).”;

(2)

in paragraph (a) of that PART-

(a)

by the repeal of item (viii) and the substitution therefor of the following:-

“(viii)

agricultural tractors or road tractors for semi-trailers (with effect from the date on which this Act comes into operation);”

(b)

by the addition immediately after item (xxv)

of the following new item:-

“(xxvi) ethyl alcohol imported or manufactured and supply as a by-product which is liable to customs duty and cess on importation or excise duty under the Excise Duty

Ordinance on manufacturing of such products.”;

(3)

in paragraph (b) of that PART-

(a)

in sub-item (ii) of item (A) of sub-paragraph (b) of item (ii) of that paragraph by the substitution for the words and figures “on or after April 1, 2012.” of the words and figures

“on or after April 1, 2012, if such lease agreement is entered into on or before October 24, 2014.”;

(b)

in sub-item (iii) of item (A) of sub-paragraph (b) of item (ii) of that paragraph, by the substitution for the words and figures “on or

Act, No. 11 of 2015

after January 1, 2013.” of the words and figures “on or after January 1, 2013, if such lease agreement is entered into on or before

October 24, 2014;”;

(c)

in item (B) of sub-paragraph (b) of item (ii) of that paragraph, by the substitution for the words and figures “on or after January 1,

2005;” of the words and figures “on or after

January 1, 2005, if such agreement is entered into on or before October 24, 2014;”;

(d)

in item (C) of sub-paragraph (b) of item (ii) of that paragraph, by the substitution for the words and figures “paragraph (c)”of the words and figures “paragraph (c), if such agreement is entered into on or before October 24,

2014.”;

(e)

in item (b) of sub-paragraph (h) of item (x) of that PART,

(i)

by the substitution for the words “date of such agreement;” of the words “date of such agreement; or” and

(ii)

by the addition immediately after sub item (b) of sub-paragraph (h) of item (x), the following new sub-item:-

“(c)

of leasing facilities under any finance lease agreement or operating leasing agreement on any asset other than land or building if such agreement is entered into on or after October 25, 2014 not being an agreement for re-schedule of any agreement entered into prior to October 25,

2014;”.

Act, No. 11 of 2015

(f)

in item (xi) of that paragraph, by the substitution for the words “the project relates exclusively to the aforesaid supply, lease or rental;” of the words “the project relates exclusively or partially to the aforesaid supply, lease or rental;”;

(g)

by the repeal of item (xiii) of that paragraph and the substitution therefor of the following new item:-

“(xiii)

imported-

(a)

unprocessed timber logs, ships or rattans; or

(b)

any article subject to the

Special Commodity Levy under the Special Commodity

Levy Act, No. 48 of 2007

subject to the condition that such articles are sold without any processing except adaptation for sale;”;

(h)

by the repeal of item (xxxi) of that paragraph and the substitution therefor of the following new item:-

“(xxxi)

telecommunication services liable to the telecommunication levy under the Telecommunication Levy Act,

No.21 of 2011, and the services specifically excluded from such liability in the definition of the expression “telecommunication services”in that Act (effective from

January 1, 2014);”;

Act, No. 11 of 2015

(i)

by the addition immediately after item (l) of paragraph (b), of the following new item:–

(li)

Locally manufactured coconut milk (with effect from November 1, 2015).”.

(4)

in paragraph (c) of that PART:-

(a)

by the repeal of item (xxx) of that paragraph and the substitution therefor of the following new item:-

“(xxx)

samples in relation to a business worth not more than rupees-

(a)

twenty five thousand, on such imports made prior to January 1, 2015; and

(b)

fifty thousand on such imports for any period on or after

January 1, 2015, subject to such terms and conditions as specified by the Director-General of

Customs;”; and

(b)

by the addition immediately after item (xxxvii), of the following new item:-

“(xxxviii)

machinery, equipment or spare parts imported by Sri Lanka

Ports Authority to be used exclusively within the ports of the Sri Lanka Ports Authority”.

Act, No. 11 of 2015

(5)

by the addition immediately after paragraph (k) of that PART the following new paragraph:-

“(l)

with effect from October 25, 2014, the import or supply of -

(a)

(i)

any motor vehicle identified under the Harmonized Commodity

Description and Coding Numbers for custom purposes and liable to the

Excise (Special Provisions) Duty under the

Excise

(Special

Provisions) Act, No. 13 of 1989 on the importation of such vehicle or any motor vehicle liable to the same duty on the manufacture of any such vehicle;

(ii)

any motor vehicle remain unsold as at October 25, 2014, which would otherwise have been liable to the same duty on the importation or manufacture of the same, if imported or manufactured after

October 25, 2014, other than any vehicle supplied under a financial leasing agreement entered into prior to October 25, 2014, which are disposed after the repossession of the same by the lessor on which input tax had been claimed;

(b)

cigarettes identified under the

Harmonized Commodity Description and Coding System Numbers for custom purposes and liable to the Excise

(Special Provisions) Duty under Excise

(Special Provisions) Act, No. 13 of 1989 and cess under Sri Lanka Export

Act, No. 11 of 2015

Development Act, No. 40 of 1979 on the importation or manufacture of the same including cigarettes in the stocks remain unsold as at October 25, 2014

which would have been liable to the same duty on the importation or manufacture the same, if imported or manufactured after October 25, 2014;

or

(c)

liquor identified under the Harmonized

Commodity Description and Coding

System Numbers for custom purposes and subject to the Customs Duty and cess on the importation or Excise Duty on manufacture of the same including liquor imported or manufactured prior to October 25, 2014 remain unsold as at October 25, 2014 which would have been liable to the same duty and cess on importation or Excise Duty on manufacture of the same, if imported or manufactured after

October 25, 2014.”.

Read on from s 26