Delhi News Desk!!! Friday was CJI DY Chandrachud’s last day in the Supreme Court. He retired on Friday. During this he gave a memorable speech. Before this he gave many historic decisions. One of which was the decision related to tax deduction on the salaries of priests in the church. A three-judge bench headed by CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra rejected 93 petitions related to this. The bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra was conducting the hearing. These petitions were filed against the Madras High Court’s decision mandating tax deduction at source (TDS) on the salaries of nuns and priests.
The lawyer appearing for the petitioners argued in the court that the salary that the nuns and priests earn by teaching in aided institutions is handed over to the convent and hence their salary is no longer theirs. On this, CJI Chandrachud said that the salary is transferred to his personal account. CJI Chandrachud said, ‘He is paid a salary, but he has chosen this life and he says that he will not take this salary because he cannot have a personal income while living in the parish… But it is the salary that is on him. How may applicable taxes be affected? Will TDS be deducted? He stressed on uniform application of the law and said that every working person comes under the tax net.
CJI Chandrachud further said that if a Hindu priest says that he will not take salary and will give the salary to some institution for worship… then it is his choice, but if a person works and takes salary then he has to pay tax. will be. , The law is equal for all, how can you say that TDS should not be deducted.
During the hearing, the lawyer also said that the Kerala High Court has said in some of its decisions that the families of priests and nuns are not entitled to compensation under the Motor Vehicles Act. On this, CJI Chandrachud told him that since priests and nuns break the relationship with their families and become ascetics, their families have no right to it. However, the tax issue is different.
The court said that if the salary of the priests appointed by the government comes into the account of the church, then tax will have to be paid on it. Let us tell you that this practice was started in 1944 during the British period as an effort to promote education throughout the country. The lawyer appearing on behalf of the petitioners argued in the court that the salary received by nuns and priests by teaching in aided institutions is handed over to the convent, due to which the salary does not remain theirs. On this, the former CJI said that the salary is transferred to his personal account.
law is equal for all
The former CJI said that he is paid a salary, but he has chosen this life, he says that he will not take this salary because he cannot have a personal income. But what effect can this have on salary tax? TDS will be deducted. He said that the law is the same for everyone, only the one who does the job will come under the tax net. Former CJI Chandrachud said that if a Hindu priest says that he will not take salary and will give the salary to some organization… then it is his choice. The law is equal for all, how can you say that TDS should not be deducted.
