13. Amendment of section 22 of the principal enactment
கருத்துகள் மற்றும் உதவிஅதிகாரப்பூர்வ ஆங்கில மொழிபெயர்ப்பு. சிங்கள அல்லது தமிழ் உரையிலிருந்து வேறுபடும் இடங்களில் எந்த உரை மேலோங்கும் என்பதைச் சட்டமே குறிப்பிடுகிறது.
Section 22 of the principal enactment as amended by Act, No. 11 of 1998 is hereby further amended as follows :—
. by the repeal of subsection (3) of that section and by the substitution, therefor of the following :-
“(3) Where goods or services supplied to a registered person, or goods imported by him, are used or to be used partly for the purposes of a taxable
(2)
activity carried on or carried out by him on which tax can be levied and partly for other purposes, the tax on such supplies and importations shall be apportioned so however that only so much of the tax on such supplies or importation as is referrable to his taxable activity on which tax can be levied shall be counted as his input tax.”;
in subsection (4) of that section :-—
by the substitution for the words “be refunded and where it is not so refunded” of the words
“be refunded upon application made therefor to the Commissioner—General and where it Is not so refunded.”;
by the repeal of the proviso to that subsection and by the subsitution therefor of the following proviso :—
“Provided however, that where in a taxable period—
there is an excess of input tax including the tax deferred under section 2, in the case of a registered person the value of whose zero rated supplies for that taxable period was more than fifty per centum, of his total taxable supplies for that taxable period, the excess of the input tax (inclusive of an excess input tax brought forward from a preceding taxable period) ; or any registered person who has obtained a deferment of the tax under section 2
in any taxable period and not made any zero rated supplies or made zero rated supplies of fifty per centum or less of his total taxable supplies for such taxable period, the excess of input tax not exceeding the amount of such deferred tax under section 2; or
there is an excess of input tax, in the case of a registered person who has entered into an agreement with the
Board of Investment of Sri Lanka, and that taxable period, falls within the period referred to in item (xxvii)
or (xxviii) of the Schedule upto the taxable period, in which the commencement of commercial activities takes place which ever is earlier ; or
there is an excess of input tax and that any taxable period falls immediately before the taxable period, in which the making of taxable supplies, commences as undertaken by such person in the case of a person referred to in subsection (6), such part of the excess or such excess as the case may be, shall be refunded subject to the provisions of section 58, not later than one month, after the end of the taxable period or from the date of reccipt of the return for such taxable period in which the excess arose, which ever is later :
Provided further, in case of a registered person who imports goods for re-sale without processing the excess input tax representing the tax paid under subsection (3) of section 2
shall not be refunded.
In the event of a failure to pay such refund within such period, interest on such refund shall be payable from the date on which the refund becomes due to the date of payment thereof at such rate as may be prescribed under section 59 subject to the provisions of the proviso to that section.”.
in paragraph (iii) of subsection (5) of that section by the substitution for the words “if the supply is not supported by a tax invoice or”, of the words “if the supply is not supported by a tax invoice received within twelve months from the end of the taxable period in respect of which the tax invoice relates or” ;
by the insertion immediately after subsection (7)
thereof of the following :—
For the purposes of this subsection, any input tax claimed by any person—
who has not commenced any commercial operation within or on completion of the project implementation period referred to in item (xxvii) or item (xxviii) as the case may be;
who has obtained approval under subsection (6) and has not commenced business in making taxable supplies as stated in the undertaking given, by such person prior to the obtaining of such approval, shall be deemed to be an exccss amount of input tax claimed by such person.”.
Amendment of