Sri Lanka Consolidated Acts

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Income Tax (Amendment) Act (No. 4 of 1963) - Sect 15

Insertion of new section 13A in the principal enactment. [ 14, 13 of 1959.]

15. The following section is hereby inserted immediately after section 13, and shall have effect as section 13A, of the principal enactment: -
13A.
(1) Where a person has commenced to carry on or exercise a profession, vocation or employment in Ceylon on or after April 1, 1951, and before April 1, 1958, then,-
(a) if he has not ceased to carry on or exercise that profession, vocation or employment on or before April 1, 1958, he shall be entitled to claim on or before April 1, 1960, by way of a refund or a set-off against the tax a sum equal to the excess, if any, of the tax assessed in respect of him for the year of assessment in which he commenced to carry on or exercise that profession, vocation or employment and the two next succeeding years of assessment over the tax that would have been assessed in respect of him for those three years if the assessment were on the basis that subsection (1) or subsection (2) of section 13 applied, and that subsections (3), (4) and (5) of that section did not apply, to him in respect of that profession, vocation or employment; and
(b) if he does not make such claim within the time allowed therefor,-
(c) if he ceases to carry on or exercise that profession, vocation or employment in any year of assessment commencing on or after April 1, I960, he shall be entitled to a refund or set-off against the tax of a portion, computed in accordance with the provisions of subsection (2), of such excess of the tax, if any, as shall be determined in the same manner as the excess of the tax referred to in sub-paragraph (ii) of paragraph (b) of this subsection for the year preceding the year of assessment in which he ceases to carry on or exercise that profession, vocation or employment and the two next succeeding years of assessment.
(2) For the year of assessment commencing on April 1, 1960, the portion of the excess referred to in paragraph (c) of subsection (1) shall be 90 per centum of that excess, and for each of the next succeeding years of assessment such portion shall be 5 per centum less than that of the immediately preceding year of assessment.
(3) Where a person commences to carry on or exercise a profession, vocation or employment in Ceylon before April 1, 1951, then, if he ceases to carry on or exercise that profession, vocation, or employment on or after April 1, 1958, the provisions of sub-paragraphs (i) and (ii) of paragraph (b) of subsection (1), the provisions of paragraph (c) of subsection (1) and the provisions of subsection (2) shall apply to him in respect of that profession, vocation or employment as if those provisions were provisions of this subsection.'.


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