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

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Chapter – 13<br />

Appeals<br />

Any appeal against an assessment, additional assessment or penalty must be made within 30<br />

days <strong>to</strong> the CGIR.<br />

• Hold over of tax in a special situation :<br />

* On appeal, CGIR may defer the due date of payment of tax:<br />

- if a request <strong>to</strong> that effect is made in writing, and<br />

- if it is proved that the <strong>VAT</strong> has not been charged by the<br />

appellant on the alleged supplies.<br />

* Pre requisites <strong>to</strong> entertain an appeal :<br />

In order <strong>to</strong> entertain an appeal against an assessment/additional assessment<br />

- tax payable on the basis of the return furnished by him and any penalty<br />

accrued up<strong>to</strong> the date of notice of assessment must be paid.<br />

- if the assessment/additional assessment is in the absence of a return<br />

the petition of appeal should accompany a return and proof of<br />

payment of tax and penalty thereon.<br />

- C.G.I.R. may consider an extension of time <strong>to</strong> pay in cases where<br />

appellant has suffered serious financial hardship.<br />

* Appeals against the assessments are settled in one of the following stages.<br />

The first step - Agreement with Assessor, failing<br />

The second step - Determination by CGIR, if not satisfied<br />

The third step - Appeal <strong>to</strong> the Board of Review, if not satisfied<br />

The final step - State a case <strong>to</strong> the Court of Appeal and then <strong>to</strong><br />

Supreme Court<br />

The procedure is the same as that under the Inland Revenue Act.<br />

Chapter – 14<br />

83

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