Sri Lanka Consolidated Acts

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Defence Levy (Amendment) Act (No. 25 of 1994) - Sect 6

Insertion of new section 5A in the principal enactment

6. The following new section is hereby inserted immediately after section 5 of the principal enactment, and shall have effect as section 5A of that enactment: -
5A.
(1) The Director-General of Customs shall collect from a person to whom this Act applies, being an importer of an article, at the time of the import of such article, an amount equal to three and one-half per centum of the following : -
(a) the value of such article (representing the true cost, insurance and freight value) ascertained for the purposes of customs duty in accordance with the Customs Ordinance ; and
(b) the amount of customs duty, if any, paid on such article; and
(c) twenty-five per centum of the amount resulting from the addition of the amounts referred to in paragraphs (a) and (b),
(2) Any amount collectable under subsection (1) shall, for the purposes of collection and recovery of such amount and not withstanding anything to the contrary in any other provision of this Act, be deemed to be customs duty payable under the Customs Ordinance and accordingly, the provisions of the Customs Ordinance shall apply to the collection and recovery of such amount.
(3) Any amount collected by the Director-General of Customs from any person to whom this Act applies in accordance with the provisions of subsection (1), shall be deemed to have been paid to the Commissioner-General by such person or the date on which such amount was collected by the Director-General of Customs and shall be set off against the levy payable by such person for the relevant quarter in which such amount was deemed to have paid by him.
(4) Where any article manufactured outside Sri Lanka and imported into Sri Lanka is sold-
(a) by the Director-General of Customs for any levy due under the Customs Ordinance ;
(b) by the Sri Lanka Ports Authority established by the Sri Lanka Ports Authority Act, No. 51 of 1873 for any dues under that Act; or
(c) by the Commissioner-General,
(5) Where at the time of the import of any article by any importer, the Director-General of Customs is satisfied that any amount, has been collected from such importer by-
(a) the Commissioner-General; or
(b) any bank in accordance with the provisions of paragraph (a) or paragraph (b) of subsection (1) of section 5,


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