The Supreme Court today concluded the arguments put forward in support and against the proposed Value Added Tax (Amendment) Bill which was placed on Parliament’s order paper recently.
Accordingly, all parties relating to the petitions were directed to submit their written submissions regarding these Special Determination petitions.
The Supreme Court’s ruling on the proposed VAT bill is to be communicated to the Speaker.
The Supreme Court’s three-judge bench comprised Chief Justice Jayantha Jayasuriya, Justice S. Thurairaja and Justice Arjuna Obeysekera.
Two individuals, including businessman M. Victor, filed these petitions naming the Attorney General as the respondent. The petitioners seek a declaration that the bill in whole or in part requires approval by the people at a referendum and requires a two-thirds majority in Parliament.
The bill was presented to the Parliament by the Prime Minister and Minister of Public Administration, Home Affairs, Provincial Councils and Local Government for its First Reading.
Meanwhile, Senior Counsel Dharshana Weraduwage appearing for a petitioner raised preliminary objections against the bill.
He argued that there was no valid Cabinet decision as mandated by Article 152 of the Constitution to present the said Bill to Parliament. This is because no member of parliament has been appointed to the Cabinet Ministerial Portfolio of the Minister of Finance, Economic Stabilization and National Policies.
The petitioner argues that the provisions of the impugned Bill are beyond the competence of the legislature. They do not serve a public purpose and violate the Fundamental Rights guaranteed by the Constitution.
President’s Counsel Dr. Kanagiswaran and Senior Counsel Dharshana Weraduwage appeared for the petitioners.
Deputy Solicitor General Nirmalan Wigneswaran appeared for the Attorney General.
