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COPF: Tax concessions granted to BoI enterprise should be scrutinised
‘There cannot be special status for anyone when across the board 30% tax is imposed on exporters’
By Shamindra Ferdinando
Committee on Public Finance (COPF) Chairman and SJB MP Dr. Harsha de Silva says unprecedented tax concessions given to HCL Technologies (HCL) that entered into an agreement with John Keels Holdings (JKH) last year should be reviewed in view of the imposition of a controversial 30 percent tax across the board on companies in the exports sector with effect from 01 Nov.Dr de Silva emphasised that reappraisal was necessary as the proposed tax would be imposed in line with the recent staff-level agreement reached with the International Monetary Fund (IMF).

Noting that the agreement hadn’t been tabled in Parliament yet, the Colombo District MP said that India-Sri Lanka joint enterprise couldn’t be granted special status in terms of the Strategic Development Project Act, No. 14 of 2008 at a time the country was in dire straits.
Dr. de Silva said on Saturday (15) that particular Act should be rescinded in view of the agreement with the IMF. The economist questioned the unchecked authority enjoyed by the Minister, assigned that particular subject, to grant concessions up to a period of 25 years.Responding to another query, Dr. de Silva said that the economy was in such bad shape the whole process of granting concessions to investors should be reevaluated.
Failure to do so could trigger public protests at an unprecedented scale. SJB leader Sajith Premadasa has repeatedly flayed the Wickremesinghe-Rajapaksa government over declaration of a range of taxes. The COPF on Oct 04 granted approval for sweeping tax concessions to the HCL-JKH enterprise, less than 24 hours after rejecting the proposal made by Chairman of the Board of Investment (BoI) Raja Edirisuriya for exemptions of VAT, Dividend tax, PAL, CESS, Income tax, customs duty, etc.
At the time of the new appointment, Edirisuriya served as the Executive Director of the Colombo Port City Development Project. One-time Chairman of bankrupt Mihin Lanka succeeded Sanjaya Mohottala, who resigned after having appointed 29 staff with salaries over Rs 700,000 a month.
Under the agreement between HCL and JKH, the former occupied 80 percent of space in the 30-storey Grade –A state-of-the–art Cinnamon Life complex. The finalization of that agreement and the inauguration of the project was attended by the then BoI Chairman Sanjaya Mohottala, JKH Chairman Krishan Balendra, Indian High Commissioner Gopal Baglay, the then Finance Minister Basil Rajapaksa, HCL Technologies Chief Financial Officer Prateek Aggarwal, and Corporate Vice President Srimathi Shivashankar.
The Island sought an explanation from Dr. de Silva why the COPF granted approval having lambasted the top management of the BoI for seeking a far-reaching tax holiday at a time the bankrupt government was taxing all, regardless of the consequences. Dr. de Silva said the parliamentary watchdog committee didn’t enjoy executive powers.
Referring to a statement issued that had been issued by Parliament on Oct 04 in this regard, Dr. de Silva said though the parliamentary watchdog committee granted approval for the relevant after receiving required information, the basis for giving such tax concessions should be properly analyzed and a appropriate policy prepared in future to determine the tax concessions depending on the size of the investment.
Minister Vidura Wickramanayaka, State Ministers Shehan Semasinghe, (Dr.) Suren Raghavan, Members of Parliament Anura Priyadharshana Yapa (Dr Harsha de Silva’s predecessor), Chandima Weerakkody, Mayantha Dissanayake, Harshana Rajakaruna and Prof Ranjith Bandara (Chairman, Committee on Public Enterprises) attended the Oct. 04 COPF meeting.HCL entered Sri Lanka in 2020 as the country was rapidly heading towards economic crisis.
The COPF earned praise from the public for the stand taken at the Oct 03 meeting where the outfit strongly opposed India-based Tech Company a slew of tax concessions spanning more than 10 years, including an exemption from the income tax for 17 years, with the final five at half the rate. Both de Silva and COPF member Dr. Suren Raghavan declared the BoI proposal was unacceptable. At one point SLFPer Raghavan said that he didn’t want his house to be attacked again. Referring to the destruction of his house during the July 1983 riots, Dr. Raghavan said that the same fate would befall him if the COPF granted such concessions. However, MP de Silva advised Dr. Raghavan not to be so dramatic.
The COPF took a strong stand after the top management of the BoI failed to answer Dr. de Silva’s query regarding the basis for such large tax concessions. The MP asked: “You are asking the COPF to grant a 12-year total tax holiday. If this was approved, what is the tax benefit that would be given to the company and the foregone tax to the Government?”
An irate de Silva said “This is embarrassing, Chairman. This is not how to run a BoI. We have given you ample time to come up with the figures. You are embarrassing the Government, coming here asking for a massive tax break for 17 years. Can you run a county like this Chairman? Even a tea boutique is run better. You should feel very very bad and be ashamed. Your conduct is not professional, this is not how to conduct official business. In my entire career, I have not faced such a hopeless situation like this.” Dr. de Silva questioned Edirisuriya over his role in the Colombo Port City development. The COPF asserted that the BoI was struggling to cope up with its duties, and responsibilities, and run in an extremely unprofessional manner.
Latest News
ITS Giuseppe Garibaldi’ departs Colombo
The Italian Naval Vessel ‘ITS Giuseppe Garibaldi’ departed the Port of Colombo today, 12 September 2026, after completing a replenishment stop for logistics and services.
During the ship’s stay, the Commanding Officer of ITS Giuseppe Garibaldi, Captain Marco GUERRIERO, called on the Commander Western Naval Area, Rear Admiral Harsha De Silva, at the Western Naval Command Headquarters.
Members of the visiting crew also toured several tourist attractions across the Colombo area during their port call.
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Green Climate Fund (GCF) Regional Dialogue for East and South Asia will be held from 14 to 17 September 2026 at Cinnamon Life at City of Dreams Hotel, Colombo
The Green Climate Fund (GCF) Regional Dialogue for Eastern and Southern Asia is scheduled to be held from September 14 to 17, 2026, at Cinnamon Life at City of Dreams, Colombo.
The Dialogue is hosted by the Government of Sri Lanka. The Green Climate Fund is the world’s largest dedicated climate fund established under the United Nations Framework Convention on Climate Change to assist developing countries in responding to the challenges of climate change.
The Green Climate Fund aims to promote a paradigm shift towards low-emission and climate-resilient development
pathways by supporting developing countries in reducing their greenhouse gas emissions and adapting to the impacts of climate change.
The Ministry of Environment of Sri Lanka serves as the country’s National Designated Authority for the Green Climate Fund, playing a critical role in coordinating access to climate finance, nominating institutions for accreditation to the Green Climate Fund and approving funding proposals, and ensuring that activities supported by the Green Climate Fund are aligned with national development objectives.
More than 120 delegates from 10 countries are expected to participate. The participating countries are Bangladesh, Bhutan, China, India, the Maldives, Mongolia, Nepal, Pakistan, the Republic of Korea, and Sri Lanka.
Participants will include representatives of National Designated Authorities of the above countries, Direct Access Entities, Accredited Entities, civil society organizations, the private sector, development partners, and technical institutions across the region.
Sri Lanka’s delegation comprises Dr. Dammika Patabendi, Minister of Environment, Anton Jayakody, Deputy Minister of Environment, K.R. Uduwawala, Secretary, Ministry of Environment, and high-level government officials.
The Dialogue will provide a platform to:
Share challenges, experiences, and lessons learned from the implementation of climate change projects and programmes.
Strengthen regional cooperation and partnerships on climate finance.
Discuss the Green Climate Fund’s evolving strategies, policies, and approaches.
Identify opportunities to accelerate climate investments across East and South Asia.
Hosting the Regional Dialogue in Colombo will provide Sri Lanka with an important opportunity to engage with senior government officials, private-sector representatives, development partners, technical experts, and international climate finance institutions.
The event is expected to support Sri Lanka’s efforts to improve access to climate finance and international grants, showcase national climate action initiatives and achievements, and strengthen the country’s engagement with the global climate community.
The Dialogue will also offer a strategic platform for Sri Lankan institutions that have applied for direct accreditation to present their project concepts and engage directly with representatives of the Green Climate Fund. These engagements are expected to support the accreditation process and contribute to the expansion of Sri Lanka’s network of Direct Access Entities through stronger regional partnerships and increased cooperation on climate finance, the Regional Dialogue will
contribute to positioning Sri Lanka as a credible and reliable partner for climate investment.
Projects that Sri Lanka has received funding from this fund are:
• The main projects that Sri Lanka has received support from the Green Climate Fund at present include the Wevu Gam Pubuduwa Project (52.1 USD Million) and the GCF Knuckles Project (49 USD Million).
7.5 USD Million has been allocated from GCF for 5 National Designated Authority Readiness Projects (NDA Readiness Projects) and for the National Adaptation Plan Readiness Project (NAP Readiness Project).
Approval has also been obtained for 3 regional projects. (Cooling Facility Programme, Global Fund for Coral Reef Investment Window, PEEB COOL Programme)
Sri Lanka has also identified 5 project concepts as priority projects for the Green Climate Fund period 2024-2027 and has taken steps to submit those project concepts (Concept Notes) for
approval by the Green Climate Fund.
The “Climate-resilient Fisheries in Sri Lanka” project concept (USD 107.5 million) submitted by DFCC Bank has already received approval.
News
Prof. Pieris says Buddha Dhamma recognised as source of law under Constitution
Former Minister and People’s Joint Opposition Convener Prof. G.L. Peiris has challenged the assertion that the Supreme Court’s determination on the 22nd Amendment to the Constitution would be based solely on law and not Buddhist teachings, arguing that such a position is inconsistent with Article 9 of the Constitution and established judicial precedent.
In a special statement, titled “Buddhist Doctrine as a Source of Law in Sri Lanka”, Prof. Peiris has said the issue had arisen during the 22nd Amendment determination proceedings when Ven. Balangoda Kassapa referred to the Buddha Dhamma in his submissions.
According to Prof. Peiris, the Chief Justice responded that the determination would be made on the basis of the law and not Buddhist teachings.
Describing this as a “cavalier dismissal” of the Buddha Dhamma. Prof. Peiris has said it is contrary to Article 9, which gives Buddhism the foremost place and requires the State to protect and foster the Buddha Sasana.
Full text of the statement: In the 22nd Amendment determination proceedings, Venerable Balangoda Kassapa, in his submissions, made reference to the Buddha Dhamma. His Lordship the Chief Justice, in reply, made the strong assertion that the determination would be made on the basis of the law and not Buddhist teachings. This cavalier dismissal of the Buddha Dhamma is totally inconsistent with Article 9 of the Constitution and its authoritative interpretation in judicial decisions.
I. Authoritative Sri Lankan Judicial Authority A few examples may be cited.
In the Antiquities Amendment Bill, the Supreme Court, in its determination, observed: “The expression Buddha Sasana is wider than Buddhism and includes the entire establishment, together with objects and places of religious practices and worship of Buddhists”.
In Re the Thirteenth Amendment to the Constitution and the Provincial Councils Bill, 1987 2 Sri Lanka LR 312, Wanasundera J, referring to the term Buddha Sasana, said that it was “a compendious term encompassing all ancient, historic and sacred objects and places which have from ancient times been associated with the religious practices and worship of Sinhala Buddhists”.
It is clear that the Buddha Sasana is not confined to matters of ritual or practice, but includes the substance of Buddhist teachings. This is borne out clearly in other judgments of the Supreme Court.
An explicit example is the determination of the Supreme Court in the Ayurveda Amendment Bill, SCSD, numbers 22-35/2023, where the Court declared: “We hold that Buddha Sasana in Article 9 of the Constitution includes the dhamma, principles and teachings of Buddhism, including in particular recognized and undisputed codifications of the teachings of Lord Buddha”.
There are several other passages in the judgment which offer strong authority on the point.
The Court declared: “We determine that the word Buddha Sasana in Article 9 is a compendious term and includes the entire establishment of Buddhism as defined above. We conclude that the Tripitaka, consisting of the Vinaya Pitaka, the Sutta Pitaka and the Abhidhamma Pitaka, falls within the word Buddha Sasana. Hence the State has a duty inter alia to protect and foster the Tripitaka”.
The Court was uncompromising in its declaration that “While retaining the word Buddhism to denote the religion to which foremost place has been accorded in the Republic, the word Buddha Sasana was used to impose a duty on the State to protect and foster the entire establishment of Buddhism”.
The Court’s approach is very clear from the following passage: “We must proceed to interpret Article 9 of the Constitution on the basis that this change was intentional on the part of the legislature. It was meant to cover an area wider than Buddhism”.
II. International Judicial Authority
There is valuable material in the jurisprudence of the International Court of Justice at The Hague.
Judge C. G. Weeramantry, in his dissenting opinion in the ICJ’s 1996 advisory opinion on the legality of the threat or use of nuclear weapons, said that Buddhism could provide an important humanitarian perspective when considering the legality of nuclear weapons. The judge cited as his source the work by Walpola Rahula, entitled What the Buddha Taught, 1959.
Similarly, Judge Weeramantry, in his separate opinion in the maritime delimitation in the area between Greenland and Jan Mayen case, 1993, commented on the international legal concept of equity. In this connection, he referred to “the elaborately researched concept of fairness and justice in Buddhism”.
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