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Legal corruption

In a recent news broadcast the chief justice had declared that he has received hundreds of complaints against corrupt judges and lawyers.

We must honour him for his sincerity for informing the public.

In any democratic country corrupt judiciary must not be tolerated as it is hampering the development of the nation.

It is sad to mention that in our country there are some Land cases which have been dragging for nearly 40 years, since 1970s.

We as citizen of this country would request the chief justice to implement a mandatory system so that time limit for any case should not be more than five years. Needless to mention the sufferings which the public undergo in such cases. The only people benefited are the ruthless lawyers and Judges who share the 'cake' for decades over generations.

Five years should be the maximum period allowed under any circumstances and it is the duty of the Justice Ministry to enact the law dictating this five year period to be divided for submission arguments and appeals etc. and to conclude the case.


Complicated tax system

The authorities introduced taxes and expect the people to co-operate by way of proper settlement and submission of necessary returns.

At the same time taxpayers should not be harassed by the introduction of complicated tax systems. In 1977 it was stated in Parliament that a simplified tax system would be introduced and even after 32 years this promise has not been fulfilled. Even the duties payable at customs are also complicated.

a) VAT is payable on value which includes excise duty which is computed on value which includes VAT. A mathematical formula has been introduced to compute VAT and excise duty. I presume the Government wants more employment opportunities for mathematical graduates.

b) Cess for some selected items (Chocolate, biscuits etc.) are computed on 65 percent of maximum retail price. Retail price are computed on the basis of landed cost which includes this cess. The argument is that this step is taken to prevent under valuation of import prices for selected items. Now we have to believe that importers of selected items like chocolate and biscuits (not all) are under invoicing.

Taxpayers are not in a position to estimate the profit after tax mainly due to disallowed expenses and claims some of which are quoted below:

a. 50 percent advertising expenses are disallowed (exporters exempted)

b. Foreign travelling expenses including training of staff disallowed (exporters exempted)

c. No deprecation allowance is allowed for motorcars

d. Sales promotion expenses are disallowed.

In the case of VAT there are disallowed input claims.

a. VAT on import/purchase of cars

b. 8 percent VAT is disallowed if VAT is paid at 20 percent (only 12 percent is allowed) effective rate is 29.60 percent

When GST was introduced in 1998 it was stated that the cascading effect, which was in BTT systems, has been removed. Now by disallowing input claims this promise is not fulfilled. In fact an effective VAT rate is suppressed. (disguised VAT rate) it is better to fix the VAT rate at 30 percent permitting full input claim.

Now NBT was introduced on Feb. 1, 2009 at 1 percent and was increased to 3 percent on May 1, 2009. Now (after a period of 3 months) it has been announced that with effect from April 1, 2009 2/3rd of NBT paid (2 percent is disallowed for tax purpose. Same practice was adopted when defence levy was introduced on 01/01/1990.

The present tax rate of limited companies is 35 percent which together with SRL at 1.5 percent on tax tallies up to 35.525 percent. Therefore the effective rate of NBT at 3 percent is equal to 4.102 percent disguised VAT rate) It would have been better if the rate was fixed at 4 percent permitting 100 percent allowed expenditure. Now the entrepreneurs (importers, manufacturers and service renderer) are unable to compute proper selling price to secure targeted net profit after tax. This results in selling prices being increased arbitrarily.

My intention is not to criticize the Government, Department of Inland Revenue or Customs. I wish to stress on the fact that simplified tax system including customs, ensures Co-operation of taxpayers and maximize the tax revenue.

S. R. BALACHANDRAN Council Member, The National Chamber of Commerce of Sri Lanka


Unsolved pension anomalies

The Pensioners' Association islandwide have been agitating to get the existing anomalies in the pensions of those who have retired prior to January 1, 2006 rectified. Government pensioners are undergoing hardships due to the high Cost of Living. Parliamentarians of all political parties have unanimously expressed their concern on the plight of the pensioners when this matter was brought up in the House. Early this year, the Chief Government Whip Minister Dinesh Gunawardane told Parliament that steps will be taken to rectify the pension anomaly to provide relief to pensioners when the Salary and Cadre Commission recommendations were received. He had further mentioned that pensions of public servants retired before 2006 are comparatively low. The pension anomaly up to December 31, 1996, was rectified during the UNP Government. we are grateful to the President for adjusting the pensions up to January 1, 1997 after he formed the Government.

Living costs are set to soar even further as the global food and economic crisis deepen. These retired persons have committed their lives for the betterment of the country.

The pensioners also feel the high living costs as they also have dependents to clothe and feed. Pension anomalies remain unsolved and pensions still do not reflect the salary increases that Government officers have been enjoying since January 1, 2006. A few hundreds of our pensioners leave to the 'Land of no return' annually, with their grievance yet unsolved.

To date, this promise has remained only a promise. Our pensions still do not reflect the salary increases that Government officers have been enjoying since January 1, 2006.

Now, that the Euphoria of victory is dying down and that the guns do not rattle and boom anymore, and the land, sky and the sea has become peaceful, we hope that the President who feels the pulse of the people will cause the authorities concerned to rectify this anomaly in the forthcoming Budget, and also before the next Presidential election.


'Udarata Menike'

The Udarata Menike television program telecast on Rupavahini every Saturday was one of the most splendid items ever telecasted on a TV channel in Sri Lanka.

Besides giving us knowledge of technical and administrative aspects of railway operations, it carried us through the most beautiful territories of the country, pausing at places of religious, tourist, historical, cultural and academic importance.

From Maradana to Rambukkana it cut through paddy fields and various mixed plantations, stopping at the Gampaha Gardens and Ambepussa rest house. In between Rambukkana and Kadugannawa the television crew climbed the famous Bible Rock and Uthuwankanda, abode of 'Soora Saradial'. After climbing Kadugannawa pass, they took us to Peradeniya Campus, Dalada Maligawa, Peradeniya Botanical Gardens etc. From Gampola to Hatton we were shown the Nawalapitiya Railway Town, and then cascading waterfalls and streams amidst breathtaking views of bluish mountain ranges covered with green tea plantations.

The program was very educative, entertaining and alluring. Once the train stopped at Hatton the program too came to an abrupt end. Viewers, virtual passengers, are still waiting with their fingers-crossed at the Hatton railway station until the train move up from the Hatton railway station.

While travelling by train, I have experienced a lot of hardships and inconveniences occasioned by engine failures, derailments, earth slips etc. I wanted to know whether a similar mishap has occurred between Hatton and Talawakelle.

Nevertheless, I regret to point out that the young female narrator, who has done an excellent job in presenting this program, failed to mention the name of former General Manager of Railways late B. D. Rampala who was the innovator of popular express trains, i.e. Udarata Menike, Yal Devi and Ruhunu Kumari in the mid 50s which turned a new chapter in the history of Sri Lanka Railway.

Let us hope the Udarata Menike will re-start from Hatton and run at least up to Nanu-oya.

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