IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application of a case stated under Section 11A of the Tax Appeals Commission Act No. 23 of 2011 as amended by Act No. 20 of 2013.

The Commissioner General of Inland Revenue, Department of Inland Revenue, Inland Revenue Building, Sir Chittampalam A. Gardiner Mawatha, Colombo 02.

Appellant Court of Appeal Application Vs.

No: CA/TAX/10/2021 Case Stated:

Fonterra Brands Lanka (Pvt) Ltd, TAC/TT/051/2017 No. 100, Delgoda Road, Biyagama.

Respondent BEFORE : D. N. Samarakoon J Neil Iddawala J COUNSEL : Chaya Sri Nammuni DSG for the Appellant.

Manoj Bandara with Praveena Muhandiram for the Respondent, instructed by Sudath Perera Associates Argued on : 27.07.2023 Written Submissions filed on : 10.10.2023 Decided on : 02.11.2023 Iddawala – J This is an application made by the Commissioner General of Inland Revenue (hereinafter referred to as the Appellant) under the Tax Appeals Commission Act No. 23 of 2011 as amended challenging a determination made by the Tax Appeals Commission (hereinafter referred to as the TAC) regarding the taxation of Fonterra Brands Lanka (Pvt) Ltd. (hereinafter referred to as the R