128.
| (1) Any Bank or financial institution aggrieved by the amount of any assessment made under the provisions of section 127 may appeal in writing against such assessment to the Commissioner-General within a period of thirty days after the date of the notice of such assessment: |
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| (2) Where the assessment appealed against under subsection (1) has been made in the absence of a declaration required to be furnished under section 125, the petition of appeal shall be preferred together with such declaration. |
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| (3) Every bank or financial institution preferring an appeal under subsection (1) against the amount of an assessment, shall, (unless such bank or financial institution has already done so), remit to the Commissioner-General the whole or any part of the income tax (which such bank or financial institution was required, under the provisions of this Chapter, to deduct from the interest paid by such bank or financial institution in respect of that year of assessment, and to remit to the Commissioner-General but which has not been remitted) together with any penalty under section 129 which has accrued thereon up to the date of the notice of such assessment, and shall attach, to the petition of appeal, a receipt in proof of such remittance. |
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| (4) A petition of appeal which does not conform to the provisions of subsection (2) and (3) shall not be valid. |
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| (5) The amount of income tax charged by an assessment made under section 127 shall be paid by the bank or financial institution notwithstanding that an appeal against such assessment has been preferred under subsection (1). |
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| (6) The provisions of subsection (6) of sections 136 to 141 shall, mutatis mutandis, apply to any appeal preferred under subsection (1). |
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| (7) Where no valid appeal has been preferred within the period specified in subsection (1) against an assessment made in accordance with the provisions of this Chapter, or where an agreement is reached under subsection (6) of section 136 as regards the assessment, or where an assessment has been determined on appeal, the assessment as made or agreed or determined on appeal, as the case may be, shall be final and conclusive for all purposes of this Act. |
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Sri Lanka Consolidated Acts