A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
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Thiranjala Weerasinghe sj.- One Island Two Nations
?????????????????????????????????????????????????Thursday, May 10, 2018
SC requested to re-list MPs vehicle abuse case
New tax regime arbitrary, unfair-lawyer
Kodituwakku
By Shamindra Ferdinando-May 9, 2018, 11:18 pm
Attorney-at-law Nagananda Kodituwakku, yesterday alleged, that
legitimate recipients of duty free vehicle permits could cash in on an
arbitrary taxation scheme recently imposed by the government.
Kodituwakku said that the value of duty free permits available tothe
sitting members of parliament and various professionals had gone up
sharply due to the imposition of the new system.
The former top Customs officer took up the issue with Finance Minister Mangala Samaraweera recently.
Kodituwakku pointed out that the tax scheme had been transformed from transaction value into a system based on engine capacity.
Kodituwakku said that he gave up plans to import Lexus hybrid car (2017 model) due to unprecedented increase in vehicle tax.
Kodituwakku said that he paid taxes amounting to Rs. 2,008,105.00 in
2014 when he imported 2013 model of the same car. Kodituwakku said that
when he had inquired from Customs the levy for the identical car of 2017
model, he was told in accordance with the new tax the amount would be
Rs.14,384,000.00.
Pointing out that the tax paid to a particular type of vehicle had been
increased by more than seven times, Kodituwakku alleged that taxpayers
were unduly charged.
Responding to another query, Kodituwakku said that the vehicle tax had
been imposed under Section 10 of the Customs Ordinance. The parliament
had empowered the Finance Minister to impose taxes on imported goods in
line with Section 10 of the Customs Ordinance, the attorney-at-law said.
The public litigation activist emphasized that the new vehicle tax
regime was not based on the recently enacted Inland Revenue Act (IRA)
No. 24 of 2017 that came into operation on April 1, 2018.
Alleging that the current tax policy violated GATT (General Agreement of
Tariff and Trade), Kodituwakku said that members of political parties
represented in parliament had been given massive tax exemptions over Rs.
30 mn each at the expense of the Treasury.
Kodituwakku said that he didn’t receive a response from Minister
Samaraweera and General Secretariat, WTO, to his recent letter.
Kodituwakku said that law-abiding citizens had been deprived of an
opportunity to acquire a vehicle whereas politicians and selected
categories of professionals were given privilege status. "The main
problem is not the issuance of duty free permits but the recipients
allowed transferring vehicles imported on them," Kodituwakku said.
Kodituwakku said that he moved the Supreme Court in the wake of the
CIABOC (Commission to Investigate Allegations of Bribery or Corruption)
failure to inquire into his complaint in respect some members of
parliament transferring their super luxury vehicles.
He has recently requested the Chief Justice to re-list the case
(SC/Writs/7/2016) filed against members of parliament who had received
unfair monetary gains at the expense of the General Treasury.
Kodituwakku has estimated the losses suffered by the government as a
result of duty free permits issued to those elected at August general
election and also appointed on the National List at Rs 7 bn, according
to submissions made to court.
According to the attorney-at-law the case was taken out of the list as Supreme Court judges weren’t willing to hear the case.
Kodituwakku has agreed, in writing to de-list two judicial corruption
cases (SC/Writs/3/2016 and SC/Writs/3/2017) that were to be taken up on
March 26, 2018 while requesting the listing of two cases, including the
one on vehicle abuse.
Kodituwakku has sought an opportunity to support the case on June 11, 12
or 13 before a five member judge sans two judges made respondents in
two judicial corruption cases.
Kodituwakku, in his submissions to the CJ pointed out that a matter that
had been initiated in the public interest was yet to be listed for
support.
He told The Island that in his letter to Minister Samaraweera he urged
the government to introduce a reasonable tax structure. The lawyer said
that those members of parliament battling the government over corruption
and other issues were conveniently silent on the issue because they,
too, benefited by the special scheme for politicians.