43.
| (1) The decision of the Board shall be final: |
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| (2) The case stated by the Board shall set out the facts, the decision of the Board, and the amount of the stamp duty or penalty in dispute where such amount exceeds live thousand rupees, and the party requiring the Board to state such case shall transmit the case, when stated and signed, to the Court of Appeal, within fourteen days after receiving the same. |
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| (3)
| | (a) All proceedings before the Court of Appeal 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 Court of Appeal of the value of five thousand rupees, or of such greater amount as is set out by the Board in the stated case as the amount of the stamp duty and penalty 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 Court of Appeal. | | |
| | (c) The Commissioner-General, 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 virtue office. | | |
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| (4) At or before the time when he transmits the stated case to the Court of Appeal the party requiring it shall send to the other party, notice in writing, informing him that a case has been stated on his application and shall supply him with a copy of the stated case. |
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| (5) Any two or more Judges of the Court of Appeal may causa a stated case to be sent back to the Board for amendment, and the Board shall amend the case accordingly. |
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| (6) Any two or more Judges of the Court of Appeal may 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, reverse, correct or modify the decision of the board or order a new or further hearing on such terms so as the Court thinks fit or remit the case to the Board with the opinion of the Court thereon. When a case is so remitted by the Court, the Board shall revise its decision as the case may require, in accordance with the opinion of the Court. |
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| (7) In any proceedings before the Court of Appeal under this section, the Court may make such order in regard to costs in the Court of Appeal and in regard to the sum paid under subsection (1), as the Court may deem fit. |
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| (8) For the purposes of enabling the Commissioner-General or any other party to appeal to the Supreme Court against any order of the Court of Appeal under subsection (6) and for the purpose of the application of the provisions of any written law relating to appeals to the Supreme Court from the decisions of the Court of Appeal
| | (a) an order made by the Court of Appeal under sub- section (6) shall, together with any order of the Court under subsection (7), be deemed to be a final judgment of the Court of Appeal in a civil action between the Commissioner-General 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-General shall not be required, in respect of any such appeal, to deposit or pay any fee or furnish any security prescribed by such written law. | | |
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Sri Lanka Consolidated Acts