Monday, 11 October 2004  
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Economic Service Charge (ESC)

The Economic Service Charge (ESC) which was introduced effective from 1.4.2004 is payable by every person or partnership carrying on a trade, business, profession or vocation in Sri Lanka, whose liable turnover for the relevant year of assessment exceeds Rs. 50 million.

This ESC could be deducted from the tax liability of the said person. It could be observed that in this regard there is a discrimination against sole proprietorship and partnerships when compared with limited liability companies.

In the case of limited liability companies, ESC deduction is limited to the tax liability of the company. Since tax rate for these companies is 32.5 per cent, when such a company earns a taxable profit of minimum 3.08 per cent of the turnover, the entire ESC paid that company at 1per cent would become deductible.

In the case of partnerships, the ESC deduction is limited to 10 per cent of the divisible profit.

Therefore, partnerships have to earn a minimum taxable profit of 10 per cent of the turnover to secure ESC deduction in full, when compared to 3.08 per cent for limited liability companies.

Therefore, sole proprietorships and partnerships have to be more efficient than the limited liability companies to secure ESC deduction in full.

If this discrimination is not removed, sole proprietorship and partnership businesses will not be able to survive.

Therefore, the following suggestions are made to the relevant authority for due consideration and amendments:

1. Since maximum tax liability of an individual is 30 per cent, the limit of ESC deduction should be 30 per cent of the divisible profit.

2. If ESC deduction is more than 30 per cent of the divisible profits;

(a) The excess ESC (over and above 30 per cent of the divisible profit) could be carried forward for two more years.

(b) Each partner be given credit on 30 per cent of divisible profit paid by him according to his share.

3. If ESC is between 10-30 per cent, the entire ESC paid be given as credit to the partners according to their share.

4. If ESC is less than 10 per cent the balance tax to be paid by the partnership and the entire tax paid be allocated as credit to the partners according to their share of profit.

We presume entrepreneurs (sole proprietors and partnerships) will realise the depth of this discrimination and make suitable representations to the relevant authority for early amendments.

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

'Justice without fear or favour - CJ'

The news item in the Daily News of Sep. 14 'Justice without fear or favour - C.J' has been brought to our notice.

In the last paragraph of the said news item your Trincomalee correspondent states:

"District Secretary and Government Agent Trincomalee Gamini Rodrigo who attended the opening of the new Court Complex building on Sunday on invitation had to go back with no seat provided for him at the meeting hall.

He was present at the ceremonial opening, but the organisers had failed to provide a suitable seat for the G.A. When he found that there was no seat for him, he had gone back without attending the meeting".

In order to clear any wrong impression that may have been created in the minds of the public we hasten to confirm that the organisers of the function reserved several rows of chairs in the front for the VIPs. On each of the chairs so reserved, the designation of the person for whom it was earmarked was exhibited in bold black block letters. The seat so reserved for the District Secretary and Government Agent was in the first row.

All VIPs were able to identify the seats reserved for them. As there was an unprecedented rush, it is likely that the District Secretary was not be able to identify the seat reserved for him.

We are thankful to him for having responded to our invitation and graced the ceremonial opening of the Court Complex as the representative of the State. We would have been highly honoured had he been able to attend the meeting that followed the ceremonial opening.

We sincerely and genuinely regret the incident which was purely due to a misunderstanding.

The Secretary/ President Bar Association, Trincomalee.

Doctor thugs, mudalalis and channelling

Does the Ministry of Health of the Medical Council have any powers to control the doctors who serve on channelling services in the country?

Doctors are charging upto Rs. 900 (may be some are more) as their charges.

They never come at the given time nor inform their delays and the officers and channelling centres are frightened to contact them to ask about the delay as most will get a barking from these doctors.

When they come they should be given parking facilities at the doorstep of the channelling centre and patients who come paying a fee for the service have no parking facilities at all or they have to park half a mile away.

Even the doctors who reside 200 yards away from these centres leave their homes taking their own time while the patients who have come from far away places have to wait with all their ailments, pains and discomforts without knowing a clue about the doctor's arrival time.

These doctors and channelling centre owners should know that they are not giving a free service and even it is a free service they should do it the proper way.

When these doctors start their channelling practices they pretend to be very kind, down to earth and not money loving, but when they establish their practice only they show their true colours and runaway from their own people.

The authorities should increase the output of doctors from our universities and also encourage more to get qualified in other countries and allow them to serve here. Let the medical graduates come to the level of other graduates and have 'Maranthika Upawasas' and rallies to cry for their jobs.

Then only our doctors will come down from their ivory towers and serve their people taking them as human beings like the doctors themselves.

Deshapriya Rajapaksha - Colombo 6.

Registration of medical graduates by SLMC

I refer the news release by the GMOA on 30/9 where they request the Minister to intervene and the second news release where they threaten to withdraw from the SLMC if AMOO and RMOO are given registration which appeared on 1.10.04 and to inform you that reasons adduced are false and malicious.

These AMOO had studied three years in Sri Lanka and they were absorbed into Government Service. Thereafter while in service, they followed a medical degree course in Sri Lanka conducted by the University of St. Petersburg of Russia.

Classes were held in Colombo and Kandy. Professors from St. Petersburg University came over here in batches and conducted the academic sessions in English for two and a half years.

There is no question of studying the Russian language. They proceeded to St. Petersburg in the first week of October 2003 where they studied further including ward classes. They had their final examination in June 2004. GMOA's statement that within six months they have obtained the medical degree is both malicious and false.

They have studied in all five years and six months. After their examination in Sri Lanka they have served in various stations with great acceptance to the general public.

It is a well-known fact that universities in Sri Lanka are more closed than open. For GMOA slightest issue is sufficient to strike. It is at this juncture that AMOO and RMOO came to the rescue of the sick.

During their strikes many patients had died. This speaks of the oath they have taken. The GMOA also made things difficult for foreign qualified doctors and they left the country and they are doing well in other countries.

Finally it has to be mentioned that some universities in Russia conduct all lectures in English and many foreign students study in them. Graduates who passed out from these universities have a ready demand from other countries. Even in Sri Lanka they have shown their colours. Then what is this all about? It is nothing but jealousy.

A. P. - Kottawa.

www.directree.lk

Kapruka

www.ceylincoproperties.com

www.singersl.com

www.imarketspace.com

www.Pathmaconstruction.com

www.peaceinsrilanka.org

www.helpheroes.lk


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