SC says VAT Bill was not presented through proper procedure‏

Speaker Karu Jayasuriya today announced in Parliament that the Supreme Court has not made a determination on the constitutionality of the Value Added Tax (Amendment) bill   as the due procedure was not followed when presenting it.

The Speaker said the Court has determined that the “provisions contained in Article 152 of the Constitution and Standing Order 133 are imperative in character and the failure to follow them render the subsequent proceedings nullity.”

“Since the due process had not been compiled with in terms of Article 78(2) and 152 in the Constitution before the bill was introduced in Parliament, the Supreme Court has made in terms of Articles 120 and 121 read with Article 123 and 152 of the Constitution, that no determination would be made at this stage on the ground of challenge raised by the petitioner,” the Court said.

Prime Minister Ranil Wickremesinghe who spoke after the determination was announced said that the Speaker Jayasuriya should give a ruling with regard to the matter as there has been precedence in this Parliament as well as in the previous Parliament of Bill being introduced in this manner.

However UPFA MP Dinesh Gunwardena said the Bill introduced by the Finance Minister is not null and void after the SC ruling. Speaker Jayasuriya said he would look into the matter and give a ruling.(CK)