71*.
| (1) The succeeding provisions of this section shall not apply to any person who is a resident of a country with which arrangements for the avoidance of double taxation are or had been made under the provisions of subsection (1) of section 70 or the provisions of the Double Taxation (Relief) Act. |
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| (2) Where any person proves to the satisfaction of the Commissioner that he has paid, or is liable to pay by deduction or otherwise, both Ceylon tax for any year of assessment and Commonwealth tax for the corresponding year on his income from any source, he shall be entitled to relief from Ceylon tax of one-half of the Ceylon tax or Commonwealth tax paid or payable in respect of his income from that source, whichever, is the less: |
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| (3) For the purposes of this section-
| | (a) " Commonwealth tax" means any income tax and super tax charged under any law in force in any part of Her Majesty's Realms and Territories (other than the United Kingdom and Ceylon), or in any British protectorate or protected state, or in any territory in respect of which a mandate on behalf of the League of Nations has been accepted by Her Majesty where the legislature of that part or place has provided for relief in respect of tax charged on income both in that part or place and in Ceylon which appears to the Commissioner to correspond to the relief granted by this section, and the amount of Commonwealth tax shall be the amount of such tax before deducting such first-mentioned relief; | | |
| | (b) the Ceylon tax paid or payable in respect of income from any source shall be ascertained by applying the Ceylon rate of tax to the assessable income from that source, after deducting any sum payable therefrom by way of interest, annuity, ground rent, or royalty, and Commonwealth tax paid or payable in respect of income from any source shall be ascertained as far as may be in a corresponding manner; | | |
| | (c) a certificate issued by or on behalf of the authority administering a Commonwealth tax shall be receivable in evidence to show the amount of Commonwealth tax paid or payable in respect of income from any source; | | |
| | (d) " corresponding year ", in relation to a year of assessment under this Act, means the year for the purposes of Commonwealth tax, which the Commissioner in his discretion shall deem to correspond with such year of assessment under this Act. | | |
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* The amendment made in section 71 by subsection (1) of section 32 of Act No. 18 of 1965 shall be deemed to have come into force on March 30, 1963-See section 32 (2> of Act No, 18 of 1965. |
Sri Lanka Consolidated Acts