National cricketers’ tax relief case put off to May 22
The writ application filed by Sri Lanka cricket white-ball captain Charith Asalanka, and Sri Lanka Test captain Dhananjaya de Silva, and a separate writ application filed by Chamari Athapaththu, the captain of the national women’s cricket team will be taken up again on May 22 at the Court of Appeal.
The hearing of the case took place on Thursday the Court of Appeal for consideration, where President’s Counsel Dr. Harsha Cabral and Counsel Nishan Premathiratne appeared on behalf of the petitioners and apprised the court of its legal position. The petitioners’ legal representatives argued that the cricketers’ earnings have been subjected to taxation, in contradiction to local Inland Revenue regulations. He further clarified that cricketers, contracted by Sri Lanka Cricket (SLC), do not fall into category of permanent employment, and despite that SLC has deducted their payments for Employer Provident Fund (EPF), while cricketers can be termed as service providers according to their contracts with the Board.
The cricketers have sought relief from the court to prevent the Inland Revenue Department from categorising them as permanent employees of SLC. The case is expected to set a significant precedent regarding the employment status of national cricketers in relation to tax obligations and contractual agreements with Sri Lanka Cricket.
After the conclusion of submissions, President’s Counsel Kuvera de Zoysa, who appears for the third to 18th respondents, the President and Executive Committee of SLC, presenting submissions, maintained the position that the petitioners are not permanent employees but rather independent service providers of SLC.
Kuvera de Zoysa PC with Pasindu Bandara and Sajana de Zoysa, on instructions of Sanjay Fonseka, represented SLC, Harsha Cabral PC and Nishan Premathiratne on instructions of Gamindu Karunasena appeared on behalf of the petitioners. Deputy Solicitor General Manohara Jayasinghe appeared for the State.