Lawyer issues notice on President: Wants “abuse of tax revenue” stopped
Posted on June 4th, 2016
Courtesy The Island
June 4, 2016, 7:06 pm
N. Kodituwakku & Co., Attorney-at-law (SL) & Solicitor (UK) has issued notice on President Maithripala Sirisena urging him to “stop the abuse of tax revenue with permits issued to MPs granting full waiver of all forms of tax normally charged on motor vehicles”.
Attorney Nagananda Kodituwakku says that with 19A coming into force, immunity granted to the President under Article 35 of the Constitution has been removed for all Right Violation Petitions.
It is in this backdrop that he has issued notice on the President and given him given 14 days to stop this abuse.
This abuse falls within Section 70 of the Bribery Law (abuse of office by those holding public office to favour themselves or any other person), he said.
It is observed th at further to a ‘policy decision’ taken by the Yahapalana administration, all 225 MPs have been issued with permits to import vehicles (Diesel or Petrol) with noengine capacity specified up to the value of US$ 62.500.00, absolutely free from any tax, the notice issued on the Preident noted.
It further said: “Already the required tax exemption has been gazetted in this regard (No 1965/ 2 of 02 May 2016) by the Minister of Finance Ravi Karunanayake.
“The tax component of such a vehicle (charged at the rate of 30 0%) is well over 30 mlliion rupees and thus there is a heavy demand for this permit in the car market, which fetches a price tag between 20 to 22.5 million rupees.
“It is also leant that vehicles valued up to £100,000.00 are also imported on these permits with a false value declared for Customs purposes approved by the committee appointed to determine the value of these vehicles.
“It is common sense that selling of these permits and sharing the defrauded tax revenue with car importers is not only legally but morally wrong as it amounts to abuse of office of MP for unjust enrichment, a punishable act under Section 70 of the Bribery Act.
“Therefore, keeping with your constitutional duty to uphold the Rule of Law according to the Constitution and the Law, you are hereby requested to take following corrective measures straightaway to stop this abuse of defrauding th e government revenue, whilst other citizens are charged with heavy tax of various kind imposed on essential commodities including hospital bills.
a) Impose a condition that no vehicle imported on permits issued to MPs can be disposed of for a period of 5 years from the date of importation. the violation of which in any manner, would result automatic forfeiture of the vehicle by the Director General of Customs (DGC) .
b) Direct the DGC to seize and confiscate any vehicle imported under this permit scheme with false declaration value for customs purposes, which is an offence under Section S2 of the Customs Ordinance.
c) Direct the Registrar of Motor Vehicle (RMV) to stipulate a condition against the disposal of such vehicles in the Vehicle Registration Certificate for a period of five years from the date of first registration.
Attorney Kodituwakku says he has already reported th is abuse to the Corruption Commission on Dec. 11, 20 14 requesting the Commission to enforce the law against the fraudster elements. Yet the Commission is of the view that this loss caused to the government resulted from the implementation of the government policy, and therefore, refused to initiate action against the perpetrators.
He said that when the refusal of the Corruption Commission was challenged in the Supreme Court which exercises people’s judicial power absolutely on trust, the Court too declined to intervene, citing the same reason and the application made to the Court for revision of the said Order on the basis that it has been made per incuriam was also refused by the Chief Justice.
The people removed President Rajapakse for reasons; that was mainly due to condoning and encou rag ing of all forms of corruption, he noted.
During the 2015 election campaign to the Office of the President, Maithripala Sirisena promised people a ‘Yahapalana’ administration free from corruption, but the situation has now become much worse with no hope for justice for the people against the gross abuse of their sovereign powers, the Attorney said.
June 4th, 2016 at 6:18 pm
Kodi, None of those 225 free loaders refused to accept illegal vehicle permits. Those free loaders are supposed to serve the mases and not self serve. Ravi K SAKODARAYA bribed the 225 free loaders to vote against the no confidence motion. Tax free luxury vehicle permit goes with no interest, non-repayable bank loan of $50,000. Is this yahapalanaya of Rana Sira co.? I thought Rana was a gentleman politician. That was only until Rana got the power. Sira is a yes man to Rana. Sakodaraya is screwing up the mases jolly well. Ethulathmudali’s state is not enough. Eat son eat that poorman’s tax money until you become a Mahinda Wijesekera who ate Colombo port. Punch a free loader every day. This third luxury vehicle permits is also goes to that KOTA PO..aya and Poison bottle PO..aya who came through the back door. Oh my god the Bandaranayake how are those free loaders going to drive three vehicles at any given time? I can imagine a vehicle each to each hand. Third vehicle must be to both legs. Take Take don’t give. Kota PO..aya alias Katahekeraya. Extermiate these 225 free loaders. They are national pests. They are eating poor man’s tax money.
June 4th, 2016 at 7:11 pm
Stanley,
Are you protesting why “Sudusu” people like the 225 in partiliament are not entitled to cars while the “Nusudusu” people in the rest of Sri Lanka are denied cars by doubling the vehicle importation tax?
This is dangerous talk my friend; you are undermining the very basis of the Yamapalanaya government by Sudusu people, of Sudusu people, only for Sudusu people!!!
This issue exquisitely clarified by Chooti Malli and PodI Malli in the video “Ganan Giye Ayi?”
June 4th, 2016 at 8:59 pm
Naduth hamuduruwange, baduth hamuduruwange. The case will be thrown out. The clearest indication where we are heading was shown by my3 when he appointed crooks to the board of directors to SLT. They are people who can deliver the goods. No need to waste anymore time writing these. Current gosl will be ten times worse than MR’s government. Perhaps he will hand over to MR when he leaves.
June 4th, 2016 at 10:59 pm
Thank you Nagananda Kodithuwakku.
The verdict by the heavily politicised court is anyone’s guess. But at least that will be yet another reason for people and the international community to totally lose faith in this government and its henchmen in the court system.
Strangely the Joint Opposition is also very busy making hay while the sun shines!
They too greedily grabbed vehicle permits without any complaint about people’s plight. It is the task of the Opposition (if any) to petition the court on this, not a private individual. JO and JVP have joined UNP and SLFP in robbing people. Even a JVP leader met with an accident driving his jeep valued at more than 8 million rupees in Sri Lanka.
June 5th, 2016 at 9:34 pm
If one reads the lankaenews lead story today he/she will know what the appointments in my above comment means. No sane officer can serve under the current rogues. I pity for our citizens. We can go anywhere but the vast majority of educated and qualified people cannot.