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Interim Order preventing collecting Personal Income Tax from judges further extended

24 February 2023 03:58 pm - 5     - {{hitsCtrl.values.hits}}

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The Court of Appeal today further extended its interim order preventing Justice Ministry officials from deducting the Advance Personal Income Tax (APIT) from the monthly salaries of the High Court Judges and judges of Judicial Service Association until March 1.  

The Court of Appeal two-judge-bench comprising Justice (President) Nissanka Bandula Karunaratne and Justice M.A.R. Marikkar fixed the petition for support on March 1. 

The Court of Appeal issued this order pursuant to the writ petitions filed by the High Court Judges' Association and Judicial Service Association.

President’s Counsel Romesh de Silva appearing for Judges' Association had submitted that according to the Inland Revenue Amendment Act No. 45 of 2022, the Judges are not liable to pay the APIT in view of the amendment introduced to Section 83A of the Inland Revenue Act. He contended that the Judges are not employees of any employer as defined in the Interpretation Section of the Inland Revenue Act. He further argued that the judicial behavior cannot be controlled by the President or anybody else.

According to a circular issued by the Inland Revenue Department,deduction of APIT has been made mandatory with effect from January 1, 2023.(Lakmal Sooriyagoda)


  Comments - 5

  • Contemptuous to say to be above paying tax Friday, 24 February 2023 05:03 PM

    When will the travesty be ended. The "judicial behavior cannot be controlled by the President or anybody else" so they can do anything they like including pay no taxes at all.

    Legal Eye Friday, 24 February 2023 06:11 PM

    If Court can intervene to prevent collection of Taxes of their ilk why can't it order the Secretary of the Treasury to release funds to the EC to hold LG Elections according to the Sovereign Constitution.

    Self-serving interest triumph over benfit to the public Saturday, 25 February 2023 04:14 PM

    The judges are only acting in their own self-interest. To maximise their take home income. What's anything else to do, like LG election go to do with keeping the most money for themselves. Self-serving interest triumph

    Narada Gunawardana Friday, 24 February 2023 06:28 PM

    If there is no such law, the parliament should introduce it. Judges shouldn't be excluded from tax.

    Kps Friday, 24 February 2023 06:47 PM

    Don’t you think this ruling is very biased only for one group of people. No matter judiciary or any other part of our society. This is called discriminatory decision. One country one Law .


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