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Case filed against private company for non payment of tax dismissed

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A case filed by the Inland Revenue Commissioner following the non-payment of tax for 12 years was yesterday dismissed by the Colombo District Court, ruling that a case should be filed before five years has lapsed.

The judgement was delivered by Colombo Additional District Judge Janaka Kekirideniya.

The Inland Revenue Commissioner had filed this case in 2015 that a private company had allegedly not paid tax amounting to Rs.6,419,202.00 for the quarter corresponding from July 01 and September 30, 2003.

Attorney-at-Law A. A. Thilakaratne appearing for the defendant company pointed out while presenting the facts to the Court that according to Section 48(a) of the Value Added Tax (VAT) Act No. 14 of 2002, the Commissioner of Inland Revenue should take steps to collect the tax arrears before five years has passed and it is impossible to maintain this case filed after many years to recover tax arrears.

After considering the facts, the Colombo District Court Judge pointed out that the Inland Revenue Commissioner had filed this case in 2015 to collect the tax arrears due in 2003, but the official seal of the court was applied in 2016. The judge issued this order ruling that he will not issue an order that the defendant company pay tax according to the provisions of the Act.

Tuesday, June 27, 2023 – 01:00











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