106.
| (1) Every person who is chargeable with income tax under this Act for any year of assessment shall, on or before the thirtieth day of September immediately succeeding the end of that year of assessment, furnish to an Assessor, either in writing or by electronic means, a return in such from and containing such particulars as may be specified by the Commissioner-General, of his income, and if he has a child, the income of such child: |
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| (2)Any person who carries on any trade, business, profession or vocation, including any company which has entered into any agreement with the Board of Investment of Sri Lanka established under the Board of Investment of Sri Lanka Law, No. 4 of 1978, shall obtain a registration number within one year of such registration or incorporation or commencement of the activity, as the case may be, from the Commissioner-General, and furnish a return on or before the November 30 following the end of each year of assessment, containing such particulars and documents as may be specified by the Commissioner-General, notwithstanding that no tax is chargeable under this Act on such person. |
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| (3)
| | (a)The Commissioner General shall issue a certificate of registration containing the name, address, registration number and any other particulars as determined by him, to all such persons registered under subsection (2). | | |
| | (b)It shall be the duty of the Registrar of Companies, notwithstanding anything to the contrary contained in any provision of the Companies Act, No, 17 of 1982, to obtain the certificate issued by the Commissioner-General under subsection (2), as an integral part of the annual return filed under such Companies Act -
| | | (i) in relation to any company registered before such date as may be determined by the Commissioner-General, by a notice published in that behalf, along with any annual return due in respect of any financial year; |
| (ii) in relation to any company registered on or after the date determined by the Commissioner-General under sub-paragraph (1), along with the first annual return due to be submitted by such company. |
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| | (c)The date as determined by the Commissioner General under sub-paragraph (i) of paragraph (b) shall immediately upon such determination, be forthwith communicated to the Registrar of Companies, by the Commissioner-General. | | |
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| (4)
| | (a) Every company deemed to be a resident in Sri Lanka under section 79 of this Act, shall submit a return to the Commissioner-General for each year on a half yearly basis on or before October, 31 and April 30, of dividends declared, containing such particulars as specified by him, including the details of dividends declared during the period April to September and October to March respectively. Where no dividends have been declared during any such period, a "NIL" return shall be submitted. | | |
| | (b)Every company not deemed to be a resident in Sri Lanka, shall submit a return to the Commissioner-General on a half yearly basis on or before October 31 and April 30, of remittances made by such company as referred to in paragraph (b) of subsection (1) of section 62 containing such particulars as specified by him, including the details of remittances made during the period April to September and October to March respectively, in each year. Where there were no remittances made during such period covered by such return, a "NIL" return shall be submitted. | | |
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| (5)
| | (a)Any individual who satisfies any four requirements out of the five requirements specified in paragraph (b) of this subsection during any year of assessment, shall submit a return of income to the Commissioner-General not later than one month after the fulfilment of such requirement. | | |
| | (b)For the purpose of paragraph (a) of this subsection, the requirements are as follows :-
| | | (i) paying a monthly residential electricity bill exceeding a net amount of ten thousand rupees ; |
| (ii) incurring a monthly credit card bill exceeding twenty five thousand rupees ; |
| (iii) paying a monthly residential telephone bill exceeding a net amount of ten thousand rupees ; |
| (iv) purchasing an air ticket to travel abroad ; and |
| (v) owning a motor vehicle which is used for travelling purposes. |
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| (6)Every person chargeable to pay income tax under any provision of this Act shall be required to declare -
| | (a) the value of every asset and liability at the last day of any year of assessment ; and | | |
| | (b) any profits or income exempted from the payment of income under this Act for any year of assessment. | | |
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| (7)A Deputy Commissioner may give notice in writing to any person requiring him to furnish within the time specified in such notice a return in such form and containing such particulars as may be specified by the Commissioner-General of, his income and, if he has a child, the income of such child. |
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| (8)Every person who furnishes a return of income which is not in such form and does not contain such particulars as are specified by the Commissioner-General for the purposes of the foregoing subsections, shall be deemed for the purposes of this Act, not to have furnished a return of his income. |
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| (9)Where any person furnishes a return of income on or before the date specified in subsection (1) for any year of assessment and is deemed, under the provisions of subsection (8), not to have furnished a return of income, the Assessor shall, before the expiry of thirty days from the end of the year of assessment immediately succeeding that year of assessment inform such person in writing, that the return furnished by him is not in such form or does not contain such particulars as is or are specified by the Commissioner-General. |
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| (10)Where any person receives an intimation under subsection (9), such person may within thirty days of receipt of such intimation, furnish necessary particulars required to make such return a proper return, and the provisions of subsection (8) shall thereafter not apply in respect of such return. |
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| (11) Where any person carries on or exercises more than one trade, business, profession or vocation and the profits and income from such trade, business, profession or vocation are exempted from or chargeable with tax at different rates, such person shall maintain and prepare statements of accounts in a manner that the profits and income from each such activity, may be separately identified. |
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| (12) An Assessor may give notice in writing to any person when and as often as he thinks necessary, requiring him to furnish within the time specified in such notice:-
| | (a) fuller and further returns; or | | |
| | (b) fuller and further information relating to any matter as is in the opinion of the Assessor, necessary or relevant for the assessment of the income tax, payable by such person. | | |
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| (13) For the purpose of obtaining full information in respect of any person's income, an Assessor may give notice in writing to such person requiring him-
| | (a) to produce for examination, or transmit to the Assessor, within the period specified in such notice, any such deeds, plans, instruments, books, accounts, trade lists, stock lists, registers, cheques, paying-in-slips, auditor's reports or other documents in his possession as may be specified in such notice; | | |
| | (b) to attend in person or by an authorized representative at such place and on such date and at such time as may be specified in the notice, for the purpose of being examined regarding his income. | | |
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| (14)For the purposes of this Act, a Deputy Commissioner may give notice in writing to any person requiring him-
| | (a) to attend in person or by an authorized representative at such place and on such date and at such time as may be specified in such notice, so that he may be examined on any such matter as may be specified in the notice ; | | |
| | (b) to produce before or transmit to such Deputy Commissioner within the period specified in such notice, any such deeds, plans, instruments, books, accounts, trade lists, registers, cheques, paying-in-slips, auditors' reports or other documents in his possession, as may be specified in such notice; | | |
| | (c) to furnish within the period specified in such notice such information as may be called for in that notice, in relation to any transactions between such person and any other person or class of persons. | | |
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| (15)A person who attends in compliance with a notice given under subsection (14) may be allowed by the Commissioner-General, such expenses as are reasonably incurred by him in so attending. |
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| (16) A Deputy Commissioner or an Assessor with the approval of a Deputy Commissioner, may retain in his custody, as long as such retention is necessary for any purposes of this Act, any deeds, plans, instruments, books, registers, accounts, trade lists, cheques, paying-in-slips, auditors' reports or other documents which are or have been produced before him or transmitted to him under subsection (14) or produced before an Assessor or transmitted to an Assessor under subsection (13) or which otherwise come or have come into his possession: |
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| (17)A return, statement or form purporting to be furnished under this Act by or on behalf of any person, shall be deemed for all purposes to have been furnished by that person or by his authority, as the case may be, unless the contrary is proved, and any person signing any such return, statement or form shall be deemed to be cognizant of all matters contained therein. |
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| (18) For the purpose of this section, the expression "document" includes any diskette, tape, compact disc or any other thing in which any computer programme or data is stored or recorded in codified form or electronic, magnetic or other medium. |
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Sri Lanka Consolidated Acts