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As enacted

14. Replacement of section 68 of the principal enactment

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

Section 68 of the principal enactment is hereby repealed and the following section is substituted therefor: -

68. (1) The Commissioner-General may investigate any offence under this Act.

(2)

The Attorney-General or a delegate authorized by the Attorney-General shall prosecute any person who commits an offence under this Act. Such criminal proceedings shall be initiated in the name of the Commissioner-General.

(3)

Proceedings under this Act shall not affect criminal proceedings that may be brought under any other written law.

“Criminal proceedings

Act, No. 14 of 2026

(4)

Where, in respect of a single act, omission or course of conduct, a person is convicted for more than one offence under this

Chapter -

(a)

the maximum term of imprisonment imposed for the offences shall not exceed a term of five years; and

(b)

the person shall not subsequently be prosecuted for additional offences in relation to the same act, omission or course of conduct.

(5)

No penalty shall be payable under

Chapter XII in respect of an act, omission or in the course of the conduct by a person where: -

(a)

the person has been convicted of an offence under this Act in respect of the same act, omission or course of conduct; or

(b)

the offence has been compounded by the Court with the consent of the

Commissioner-General.

(6)

Proceedings under this Act may commence where the offence alleged involves: -

(a)

the doing of an act, within twelve years from the doing of the act;

(b)

the failure to do an act, within twelve years from the date on which the act

Act, No. 14 of 2026

was required to be done, or within three years from the date on which the

Commissioner-General first becomes aware of such failure, whichever occurs prior; or

(c)

where the offence alleged involves the non-disclosure or misrepresentation of information relating to a person’s liability to tax, within three years from the date on which the person’s correct tax liability for the relevant taxable period is finally determined under this Act.”.