Sri Lanka Consolidated Acts

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Inland Revenue Act (No. 10 of 2006) - Sect 142

Default in the deduction of income tax

142.
(1)Where any bank or financial institution fails to deduct income tax from the interest paid by it in any year of assessment to a person chargeable with income tax under this Act in accordance with section 140, or where the bank or financial institution fails to remit to the Commissioner-General any amount so deducted, such bank or financial institution shall be liable for the entire amount of the tax it was required to deduct under the provisions of this section but has not so deducted or, as the case may be, for the entire amount or part of the amount of the tax deducted and not remitted to the Commissioner-General, and the amount not deducted or deducted and not remitted, as the case may be, shall be deemed to be in default from the day following the day on or before which such amount should have been remitted to the Commissioner-General, and such bank or financial institution shall be deemed to be a defaulter, and such amount may be recovered from such bank or financial institution in the manner provided for in this Act.
(2) Notwithstanding the provisions of subsection (1), the Commissioner-General may recover from the person from whom such deduction should have been made, the amount of the income tax or any part thereof which the bank or financial institution has failed to deduct from the interest paid to such person.
(3) Nothing in this section shall be read and construed as preventing the Commissioner-General from taking such steps as he thinks fit, to recover the amount of income tax referred to in subsection (2) wholly from the bank or financial institution or wholly from the person from whom such deduction should have been made or partly from the bank or financial institution and partly from that person.


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