Defence Levy (Amendment) Act 1992

Section 3 of the Defence Levy Act, No. 52

of 1991

(hereinafter referred to as “the principal enactment”) is hereby amended as follows :—

by the substitution in subsection (1) of that section-for all the words and figure from “4 defence levy”

by the repeal of paragraphs (b) and (c) of subsec-tion (2) of that section and the substitution of the following paragraphs therefor :—

Section 4 of the principal enactment is hereby amend-ed by the repeal of paragraphs (a), (b) and (c) of that section and the substitution therefor, of the following paragraphs :—

“(q) for the quarter commencing on January 1, 1992 —

an amount equivalent to one per centum of the turnover of that person for the first month of that quarter , on or before the fifteenth ay dof the second month of that quarter

the amount of the levy payable by such person for that quarter reduced by the aggregate of the amounts paid by him in accordance with the provisions of sub-paragraph (i)

for the quarter commencing on April 1, 1992—

an amount equivalent to one per entum of the turnover of that person for the first month of that quarter, on or before the fifteenth day of the second month of that. quarter ;

an amount equivalent to three per centum of the turnover of that person for the second month of that quarter, on or before the fif-teenth day of the third month of that quarter ; and

the amount of the levy payable by such person for that quarter reduced by the aggregate of the amounts paid by him in accordance with the provisions of sub-paragraph: (i)

for every quarter commencing on or after July 1,

an amount equivalent to three per centum of the turnover of that person for the first month of that quarter, on or before the fifteenth day of the second month of that quarter

an amount equivalent to three per centum of the turnover of that person for the second month of that quarter, on or before the fif-teenth day of the third month of that quarter ; and

the amount of the levy payable by such person for that quarter reduced by the aggregate of the amounts paid by hini in accordance with the provisions of sub-paragraph (i) and of sub-paragraph (ii) of this paragraph, on or before the fifteenth day of the month imme-diately succeeding the end of that quarter. ”.

Section 5 of the principal enactment is hereby amen-Amendment ded by the repeal of paragraph (a) of subsection (1) of Sof the.

sthat section, and the substitution therefor, of the following principal

.

paragraph :—

enactment.

“(qa) at the time at which it opens any letter of credit in any month in a relevant quarter, on an applica-tion in that behalf being made by any person to whom this Act applies, being an importer of any article, collect from such person an amount equal to—

one per centum of the value of that letter of credit, where such letter of credit is opened prior to the date on which this paragraph comes into force

Section 6 of the principal enactment is hereby amend-ed by the subsittution for the words “in respect of the im-port of any article (other than any plant, machinery or fix-ture) he shall be “of the words” in respect of any article

(other than any plant, machinery or fixture) imported by him, or purchased by him from a registered manufacturer within the meaning of section 46 of the Turnover Tax Act, being in each case an article which is used exclusively in such business of manufacture, he shall be”.

The following Schedule is hereby added at the end of the principal enactment and shall have effect as the Sche-dule to the principal enactment :—

“ SCHEDULE

(Section 3)

Quarter

Rate for the quarter commencing on 1 per centum

January 1, 1992

for the quarter commencing on

..

2.3 per centum

April 1, 1992

for the quarter commencing on

July 1, 1992 and October 1, 1992, respectively,”,

3 per centum

The amendments made to the principal enactment by subsection (2) of section 2 and by section 5 of this Act, shall be deemed for all purposes to have come into force on July 1, 1992.

Where any bank collects for remittance to the Commis-sioner-General, during the period commencing on May 15,

1992 and ending on the date of commencement of this Act, from an importer of an article on his Opening a letter of credit, an amount in excess of one per centum of the value of such letter of credit, such collection shall be deemed, for all purposes, to have been, and to be, validly made, and such bank is hereby indemnified against all actions, civil or criminal, in respect of such collection.

ae

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| Act, No. 36 of 1992

Where a person to whom this Act applies is required by section 4 of the principal enactment as.amended by section 3 of this Act to pay to the Commissioner-General in respect of any month or quarter prior to the date of commencement of this Act, an amount in excess of one per centum of the turn over of that person for that month or quarter, as the case may be, such person shall be deemed for all purposes, to have complied with the requirements of that section if he pays to the

Commissioner-General, within thirty days of the date of commencement of this

Act, the difference between the amount he was required-by section 4 of the principal enactment as amended by section 3 of this Act, to pay for that month or quarter, as the case may be, and the amount paid, or deemed to have been paid by him for that month or quarter, as the case may be. Where such difference is not so paid, such difference shall be deemed to be in default after the expira-ed tion of thirty days from the date of commencement of this

Act, and such person shall be deemed to be a defaulter ©

within the meaning of the principal enactment, with effect

- from that date.

.

an

In the event of any inconsistency between the Sinhala and the Tamil texts of this Act, the Sinhala text shail prevail.

;

inconsis-tency.