IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an appeal on a question of law in terms of the Inland Revenue Act No. 10 of 2006 read together with Section 11A of the Tax Appeals Commission Act No. 23 of

2011 (as amended)

Lanka IOC PLC, Level 20, West Tower, World Trade Centre, Echelon Square, Colombo 01.

Case No: CA/TAX/027/2021 Tax Appeals Commission No: Appellant TAC/NBT/022/2016 Vs.

Commissioner General of Inland Revenue, Department of Inland Revenue, Sir Chittampalam A. Gardiner Mawatha, Colombo 02. Respondent Before: Hon. D.N. Samarakoon, J.

Hon. Neil Iddawala, J.

Counsel: Dr. Shivaji Felix with Mr. Nivantha Satharasinghe for the Appellant.

Miss Amasara Gajadeera, State Counsel, for the Respondent.

Argued on: 03.08.2023 Written submission tendered on: 13.10.2023 by the Appellant.

11.05.2023 by the Respondent.

Decided on: 15.12.2023 D.N. Samarakoon, J The appellant Lanka IOC (Indian Oil Company) PLC has preferred a Case Stated to be referred to this Court on the following questions of law, (01) Is the determination of the Tax Appeals Commission time barred by operation of law?

(02) Did the Tax Appeals Commission err in law when it concluded that