පාර්ලිමේන්තු පනත · පනවන ලද පරිදි
Turnover (Amendment) Act 1990
ප්රතිචාර සහ සහායනිල ඉංග්රීසි පරිවර්තනය. එය සිංහල හෝ දෙමළ පාඨයට වඩා වෙනස් නම් බලපවත්වන පාඨය කුමක්දැයි පනතේම සඳහන් වේ.
Changes to the turnover tax lawනිල පරිවර්තනය, ස්කෑන් කළ පිටපතකින් කියවන ලදීDepartment of Government Printing හි ස්කෑන් කළ PDF ගොනුවෙන්, OCR මගින් කියවන ලදී; දෝෂ තිබිය හැක
s 1:u Short title
This Act may be cited as the Turnover Tax (Amend-ment) Act, No, 43 of 1990.
s 2of section 5 of Act 69 of 1981
Section 5 of the Turnover Tax Act, No. 69 of 1984
(hereinafter referred to as the “principal enactment”), is hereby amended as follows :—
in subsection (1) of that section—
by the substitution, in paragraph (c) of that subsection, for the words, “the total amount excluding premia received or receivable in respect of life insurance ;”, of the words,
“the total amount excluding premia receiv-ed or receivable in respect of—
life insurance
; and
insurance against damage or destruc-tion by strike, riot, civil commotion or acts of terrorism and paid into the
Government Fund for Strike, Riot and
Civil Commotion and Terrorism ;”;
and
by the substitution, in paragraph (f) of that subsection, for the words, “but shail not include receipts attributable to the opera-tion of the foreign currency banking unit of such bank ;”, of the words and figures “ but shall not include receipts attributable to—
the operation of the foreign currency banking unit of such bank; and
any transaction which such bank enters into, on or after April 1, 1989, with any other bank ;”; and
by the addition, immediately after subsection (4)
of that section, of the following subsection :—
In ascertaining the turnover, for any quarter, of any business of manufacture of articles there shall be deducted an amount equal to 2—8 011042—7,460 (90/10)
No.
oa any excise duty under the Excise (Special
Provisions) Act, No. 13 of 1989, paid in respect of such article by the person who carries on such business:
Provided that where the amount so deductible for any quarter, exceeds the amount received or receivable, for that quarter, from the sale of any article in the course of carrying on such business of manufacture, the excess shall be carried forward to the quarter immediately succeeding “that quarter and shall be deductible in ascertaining the turnover of that business for that succeeding quarter and so on.”.
s 3fat. Replacement
Section 47 of the principal enactment is hereby o he repealed and the following section substituted therefor :—
principal
“ Deduction
47.
enactment
Where any registered manufacturer has by registered paid to another registered manufacturer in manufacturer. respect of any transaction entered into dur-ing any quarter, any sum which includes turnover tax in respect of articles used by the first-mentioned registered manufacturer in his business of manufacture cf articles, the turnover tax so included shall be deduct-ed from any turnover tax payable for that quarter by the-first-mentioned registered y manufacturer in respect of the turnover arisirig from the sale of articles manufactur-
~~
ed by the first-mentioned registered manu-a facturer
:
Provided that—
no deduction shall be made for turnover tax included in any sum so paid—
.
:
in respect of any plant, machinery, fixtures, vehicle, building, or other capital asset used in that business;
for any quarter commencing prior to April 1, 1989, in res-si Be .
pect of any article used in any business of manufacture of excepted articles
;
~
in respect of any article used in any business which is exempt from turnover tax under section 4;
iv), unless the first-mentioned registered manufacturer has obtained from the second-mentioned registered manu-facturer to whom such sum is paid, a voucher as required by subsection (2) of section 46;
any turnover tax included in any sum so paid by any person prior to his registration as a registered manu-~
facturer, shall be allowed as a deduction from the turnover tax, in respect of the turnover arising from the sale of articles manufactured by him, payable for the quarter in which such registered manufacturer becomes chargeable to turnover tax ;
and
(i) where the amount of the deduction for any quarter ending on or before March 31, 1989, exceeds the amount of the turnover tax payable, by the first-mentioned registered manufacturer for that quarter in respect of such turn-over, such excess shall not be refunded but shall be deducted, to the extent it can be so deduct-ed from the turnover tax, in respect of such turnover, pay-able by him for the quarter immediately succeeding that quarter and any balance of such excess, from the turnover tax, in respect of such turnover, payable by him for the next succeeding quarter and so on;
and
°
where the amount of the deduc-tion for any quarter commencing on or after April 1, 1989, exceeds the amount of the turnover tax payable by the first-mentioned registered manufacturer for that quarter in respect of such turn-
:
over, such excess ghall be et deducted, to the extent it can be ea so deducted, from the turnover tax, in respect of such turnover, rn payable by him for the quarter em immediately succeeding that ee
.
quarter and any balance of such excess, from the turnover tax, in respect of such turnover, pay-able by him for the next succ-eR eeding quarter and so on. Any
=
residue of such excess which
BR stem aeeanin ont cannot be deducted from the turnover tax, in respect of such beleee turnover, payable by him for eres the fourth quarter reckoned from the quarter in which such excess arose shall, subject to the provisions of section 49, be refunded. ”,
‘ »
s 4
Section 48 of the principal enactment is hereby repealed, and the following section substituted therefor :—
“ Deduction
48. Where any registered manufacturer other has paid to the Director-General of Customs,
Director-under section 12
during any quarter
General
.
of any turnover tax
In respect of
Customs.
articles used by such manufacturer in his business of manufacture of articles, such turnover tax shall be deducted from any turnover tax payable by him, for that quarter in respect of the turnover arising from the sale of articles manufactured by him:
Provided that—
no deduction shall be made for any turnover tax so paid—.
in respect of any plant, machinery, fixture, vehicle, building or other capital asset used in that business
;
in any quarter commencing prior to April 1, 1989, in respect of any article used in any business of manufacture of excepted articles ;
in respect of any article used in any business which is exempt from turnover tax under section 4;
unless such registered manu-facturer has obtained from the
Director-General of Customs, a voucher in respect of turn-over tax so paid ; and
(i) where the amount of the deduc-tion for any quarter ending on or before March 31, 1989, exceeds the amount of the turnover tax payable for that quarter in res-pect of such turnover, such excess shall not be refunded but shall be deducted to the extent it can be so deducted from the turn-
‘
over tax, in respect of such turnover, payable for the quarter immediately succeeding that quarter and any balance of such excess from the turnover tax, in respect of such turnover, payable for the next succeeding quarter and so on; and
where the amount of the deduction for any quarter commencing on or after April 1, 1989, exceeds the amount of the turnover tax, payable for that quarter in respect of such turnover, such excess shall be deducted, to the extent it can be so deducted from. the turnover tax in respect of such turnover, payable for the quarter immediately succee-ding that quarter, and any
Amendment balance of such excess from the turnover tax, in respect of such turnover, payable for the next succeeding quarter and so on.
Any residue of such excess which cannot be deducted from the turnover tax, in respect of such turnover, payable for the fourth
' quarter reckoned from the quarter in which such excess arose, shall subject to the provi-sions of section 49 be re-funded. ”.
s 5of section 49 of the principal enactment,
Section 49 of the principal enactment is hereby amended in subsection (4a) of that section as follows:—
by the substitution, for the words, “shall be paid to such supplier by the Commissioner-General ” of the words, “shall be paid to such supplier by the
Commissioner-General: ”; and
by the addition, at the end of that subsection, of the following proviso :—
“Provided that where it is proved to the satis-faction of the Commissioner-General that it is inexpedient or impracticable to cover such supply by a letter of credit in the aforesaid manner, such amount of the turnover tax paid by the supplier as is attributable to the raw materials used in the manufacture or production of such articles shall be paid to such supplier by the Commissioner-General if—
such supply is covered by a letter of credit opened in a bank in Sri Lanka or such other documentary evidence, as is required by the Commissioner-General to satisfy himself that the exports relating to such supply were in fact made, is adduced; and-
the receipt of payment in foreign exchange for the value of the exports relating to such supply is certified by the bank to which such foreign exchange was remitted.”
Tha ane ee
Turnover Tax (A
s 6of section 50 of the-principal enactment,
Section 50 of the principal enactment is hereby amended in subsection (1) of that section as follows :—
by the substitution, in paragraph (iii), for the words and figures, “in paragraph (i) or (ii) ; or”, of the words and figures “in paragraph (i) or (ii) 5”;
y
by the substitution, in paragraph (iv), for the words,
“contract of employment”, of the words “ contract of employment ; or” ; and
by the addition immediately after paragraph (iv), of the following new paragraph :—
“(v) any contract for the supply of cinemato-graph films by a producer. ”.
s 7Amendment of section 59 df the principal enoctment
Section 59 of the principal enactment is hereby amended by the insertion, immediately after the definition of “ authorized representative ”, of the following defintion :—
‘“bank” means a licensed commercial bank within the meaning of the Banking Act, No. 30 of 1988;’.
s 8Sinhala text to prevail in
In the event of any inconsistency between the
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
Ree mendment) Act, No. 43 of 1990 7
Amendment ease of inconsistency.