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VAT Guide to Value Added Tax - sri lanka inland revenue ...

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a genuine taxpayer who does not wish <strong>to</strong> adopt delaying tactics can immediately come<br />

forward and properly present his case or obtain the necessary clarifications from the<br />

Assessor.<br />

12.5. Assessment on Partnerships<br />

Normally assessments are made on registered persons – Sec. 28. Although a<br />

partnership is recognized as a person for <strong>VAT</strong> purposes (Sec. 83) it is not a legal person<br />

<strong>to</strong> institute any legal proceedings for recovery of any tax in default. However Sec. 48(2)<br />

provides that it shall be lawful <strong>to</strong> take action against any partner as if he is responsible for<br />

such default unless he proves <strong>to</strong> the contrary. Thus an assessment on a partnership<br />

may be issued in the name of the precedent partner or any other partner.<br />

12.6 Assessments on Execu<strong>to</strong>rs<br />

Assessments/additional assessments in respect of periods prior <strong>to</strong> death of a deceased<br />

person can be made within 3 years from the last day of the taxable period in which death<br />

occurred – Sec. 54(1)(6).<br />

82

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