9. The following new section is hereby inserted immediately after section 138, and shall have effect as section 138A, of the principal Act:-
| 138A.
| | (1) The decision of the Board shall be final: | | |
| | (2) The stated case shall set forth the facts, the decision of the Board, and the amount of the business turnover tax in dispute where such amount exceeds five thousand rupees, and the party requiring it shall transmit the case, when stated and signed, to the Supreme Court within fourteen days after receiving the same. | | |
| | (3) For the purpose of the application of the provisions of the Stamp Ordinance-
| | | (a) all proceedings before the Supreme Court on any case stated under this section or incidental to the hearing, determination or disposal of any such case, shall be deemed to be civil proceedings before the Supreme Court of the value of five thousand rupees, or of such greater amount as may be set forth by the Board under sub-section (2) as the amount of the business turnover tax in dispute; |
| (b) every such case stated shall, together with all books, documents and papers annexed thereto by the Board, be deemed to be a single exhibit in civil proceedings before the Supreme Court; and |
| (c) the Commissioner, if he is the appellant, shall be deemed to be a Government officer suing, or if he is the respondent to the appeal, a Government officer being sued, in a suit virtute officii. |
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| | (4) At or before the time when he transmits the stated case to the Supreme Court, the party requiring it shall send to the other party notice in writing of the fact that the case has been stated on his application and shall supply him with a copy of the stated case. | | |
| | (5) Any two or more Judges of the Supreme Court may cause a stated case to be sent back lor amendment, and thereupon the case shall be amended accordingly. | | |
| | (6) Any two or more Judges of the Supreme Court shall hear and determine any question of law arising on the stated case and may in accordance with the decision of the court upon such question confirm, reduce, increase, or annul the assessment determined by the Board, or may remit the case to the Board with the opinion of the court thereon. Where a case is so remitted by the court, the Board shall revise the assessment as the opinion of the court may require. | | |
| | (7) In any proceedings before the Supreme Court under this section, the court may make such order in regard to costs in the Supreme Court and in regard to the sum. paid under sub-section (1) as to the court may seem fit. | | |
| | (8) For the purpose of enabling the Commissioner or any other party to appeal to Her Majesty In Council against any order of the Supreme Court under sub-section (6) and for the purpose of the application of the provisions of the Appeals (Privy Council) Ordinance-
| | | (a) an order made by the Supreme Court under sub-section (6) shall, together with any order of that court under sub-section (7), be deemed to be a final judgment of the Supreme Court in a civil action between the Commissioner and such other party; |
| (b) the value of the matter in dispute in such civil action shall be deemed to be five thousand rupees: |
| (c) the Commissioner on any appeal to Her Majesty in Council, shall not be required to make any deposit or pay any fee or furnish any security prescribed by or under the Appeals (Privy Council) Ordinance. ". |
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Sri Lanka Consolidated Acts