17. The following section is hereby inserted immediately after section 24, and shall have effect as section 24A, of the principal enactment: -
| 24A.
| | (1) The provisions of this section shall apply to any resident individual (not being an individual referred to in subsection (4) ) whose taxable income for any year of assessment commencing on or after April 1, 1976, is computed taking into account profits and income which consist-
| | | (a) only of profits from an employment carried on or exercised by him and which do not exceed thirty thousand rupees; or |
| (b) only of profits from an employment carried on or exercised by his spouse and which do not exceed thirty thousand rupees; or |
| (c) only of profits from an employment carried on or exercised by him and from an employment carried on or exercised by his spouse and the aggregate of which does not exceed thirty thousand rupees; or |
| (d) of such profits from employment not exceeding thirty thousand rupees as are referred to in paragraphs (a), (b) or (c) and of profits and income not exceeding in the aggregate one thousand two hundred rupees from all sources other than, employment. |
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| | (2) In the case of an individual referred to in subsection (1) and in relation to any year of assessment commencing on or after April 1, 1976 -
| | | (a) the assessable income of his spouse shall not be deemed to form part of his assessable income and such spouse shall not be deemed to be a member of his family ; |
| (b) the profits and income not exceeding in the aggregate one thousand two hundred rupees from all sources other than employment shall be exempt from income tax; |
| (c) no assessment of income tax shall be made in respect of that individual for that year of assessment if income tax has been deducted from his remuneration in accordance with the income tax tables prescribed by the Commissioner-General under section 107E and applicable to that year of assessment; |
| (d) the provisions of section 107G shall have no application except where tax was deducted in excess due to an error in the application of the income tax tables prescribed under section 107E by the Commissioner-General ; |
| (e) he shall not be entitled to any refund of any tax deducted under the provisions of Chapter XIIIA, notwithstanding the provisions of section 117, unless he proves to the satisfaction of the Assessor that such tax was paid in excess due to an error-in the application of the income tax tables prescribed under section 107E by the Commissioner-General and applicable to that year of assessment; |
| (f) he and any member of his family shall not be entitled to any deduction under paragraph (d) or paragraph (e) of subsection (1) of section 10 or subsection (1) of section 15 or section 16A or section 16B or section 16cc or section 16D or section 16E or under any of the provisions of section 21 (other than under subsection (8) of that section); and |
| (g) the provisions of Chapter XIA shall have no application to him in relation to the income tax payable by him for that year of assessment if income tax has been deducted from his remuneration in accordance with the income tax tables prescribed by the Commissioner-General under section 107E and applicable to that year of assessment. |
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| | (3) Where in respect of any year of assessment commencing on or after April 1, 1976, the assessable income of the wife of an individual is not deemed to form part of his assessable income for that year of assessment under subsection (2) such wife shall be assessed separately in respect of her assessable income for that year of assessment, and -
| | | (a) the assessable income of the wife less the allowance to which such wife, had she been an individual not included in a family, would have been entitled under subsection (8) of section 21 shall be her taxable income for that year of assessment ; |
| (b) such wife shall be liable to pay tax on her taxable income; and |
| (c) the provisions of paragraphs (b), (c), (d), (e), (f) and (g) of subsection (2) shall apply to such wife. |
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| | (4) The provisions of subsections (1), (2) and (3) shall have no application to -
| | | (a) an individual who is -
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| (b) an individual who has given notice in writing to the Commissioner-General within twelve months of the end of an year of assessment that the provisions of this section be not applied to him; or |
| (c) the wife of an individual referred to in paragraph (b).". |
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Sri Lanka Consolidated Acts