Law:

Section:

Section 280A (as it stood prior to 1-4-1968) of the Income-tax Act - Annuity deposits - Assessment years 1964-65 to 1966-67 - Whether despite omission of Sections 280 K, 280 R and 280 T by Finance Act, 1986, from Chapter XXII - A, rest of sections are quite effective and operative to enforce scheme for payment of annuity deposit and to make determination of same by ITO still possible - Held, yes - Whether, having regard to aforesaid legal position, despite assessment having been made in instant case in 1969, it was open to ITO to determine annuity deposit payable by assessee for relevant assessment years and take it into account in making assessment - Held, yes FACTS The assessee retired in 1960 and for the relevant assessment years he claimed that the annuity deposit was not payable under the provisions of Chapter XXII-A introduced by the Finance Act, 1964. The assessee contended that as the three sections 280K, 280R and 280T, had been omitted, the annuity deposit scheme had become unworkable. The "omission" of the three sections, it was said, would not constitute a repeal of the said provisions so as to attract section 6(c) of the General Clauses Act, 1897, and therefore, the ITO had no right or power to determine the annuity deposit payable. The Tribunal held that the omission of the three sections, and, in particular of section 280K amounted in effect and in substance, if not, in fact, to a reapel, that section 6(c) of the General Clauses Act was, therefore, attracted and that despite the assessment having been made in 1969 it was open to the officer to determine the annuity deposit, and take it into account in making the assessment. On reference: HELD Section 280C is practically in the position of a charging section which makes it obligatory on the persons concerned to make the annuity deposit at the rate or rates prescribed "in accordance with and subject to the provisions of this chapter". Mark the words that the liability is only to make the deposit "in compliance with the provisions of the chapter". The liability being there, its practical enforcement is not in any way affected by the omission of the three sections, namely, sections. 280K, 280R and…

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