20.
(1)A registered person who makes a taxable supply shall issue to the person to whom such supply is made, if he has made a written request within fourteen days from the time of supply stating that he is a registered person under this Act or is deemed to be a registered person under this Act, and requires that a tax invoice be issued, a tax invoice shall be issued not later than twenty eight days after the time of such supply; |
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(2)The tax invoice shall set out-
| | (a)The name, address and the registration number of the supplier; | | |
| | (b)the name and address of the person to whom the supply was made; | | |
| | (c)the date on which the tax invoice was issued and its serial number; | | |
| | (d)the date of supply and the description of goods or services | | |
| | (e)the quantity or volume of the supply | | |
| | (f)the value of the supply, the tax charged and the consideration for the supply: and | | |
| | (g)the words "TAX INVOICE" at a conspicuous place in such invoice. | | |
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(3)Where goods have been imported into Sri Lanka the customs goods declaration or any other document authenticated by the Director-General of Customs shall be treated as a tax invoice. |
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(4)The original of the tax invoice shall be issued to the person to whom the supply was made and the duplicate of such invoice shall be retained by the person who makes such supply for a period of five years after the expiry of the taxable period in which such invoice was issued. |
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(5)It shall not be lawful to issue more than one tax invoice for each supply. If a registered person claims to have lost the original tax invoice the person who makes the supply, may issue to such registered person a copy clearly marked "copy only". |
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(6)Notwithstanding the provisions of subsection (2). where a registered person makes a taxable supply and the recipient of such supply is not a registered person such supplier shall issue an invoice giving the total consideration of such supply including the tax charged. Where the supplier has not kept adequate records on such supplies covered by such invoices all such supplies shall be considered as supplies made under the standard rate of tax. An invoice issued under this subsection shall not be considered as a tax invoice for the purposes of this Act. |
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(7) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall he liable on conviction after summary trial before a Magistrate, to a fine not less than rupees twenty-five thousand and not exceeding rupees two hundred and fifty thousand and thereafter in the event of the offence being continued to be committed, after conviction to a fine of rupees five hundred for each day on which the offence is so continued to be committed. |
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(8) Where any person convicted of an offence under subsection (7) continues to commit such offence beyond a period of fourteen days from the date of his conviction, the court may, upon an application for closure of the business being made by the Commissioner-General or-any officer authorized in that behalf by the Commissioner-General, order the closure of such business. |
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(9) In any case where such person fails to comply with the closure order issued under subsection (8), the Magistrate shall forthwith order the fiscal of the court requiring and authorizing such fiscal before a date specified in such order not being a dale earlier than three or later than seven clear days from the date of issue of such order to close such business. Such order shall be sufficient authority for the said fiscal or any police officer authorized by him in that behalf to enter the premises in which the business is carried on or carried out with such assistants as the fiscal or such police officer shall deem necessary to close such business. |
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