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 the Judicial Service Association until March 1.
The Court of Appeal’s two-judge bench, comprised of 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 the 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 judicial behavior cannot be controlled by the president or anyone else.
According to a circular issued by the Inland Revenue Department, the deduction of APIT has been made mandatory with effect from January 1, 2023.
