XXII A of the Income tax Act, 1961.
1,800/ as annuity deposit under Ch.
D. Karkhanis, E. C. Agarwala and P. C. Agarwala, for the petitioner.
K. Daphtary, Attorney General, S. V. Gupte, Solicitor General, R. Ganapathy Iyer and R. H. Dhebar, for the respon dent.
By s. 44 of the Finance Act, Ch.
XXII A of the Income tax Act is unconstitutional and is otherwise violative of the fundamental right guaranteed by Art.
The Parliament enacted Finance Act 5 of 1964 to give effect to the financial proposals of the Central Government for the financial year 1964 65, and by S. 3 1 of that Act it was provided Save as otherwise provided in Chapter XXII A of the Income tax Act, annuity deposit for the assessment year companymencing on the 1st day of April, 1964 shall be made by every person to whom the provisions of that Chapter apply at the rates specified in the Second Schedule.
was delivered by SHAH J. HIDAYATULLAH J. delivered a Separate Opinion.
who is a trader at Meerut was ordered by the Income tax Officer, D Ward, Meerut, to pay Rs.
The petitioner has filed this petition challenging the validity of the demand on the plea that Ch.
The Act came into force on April 1, 1962.
14 of the Constitution.
ORIGINAL JURISDICTION Writ Petition No.
32 of the Constitution of India for the enforcement of Fundamental Rights.
By that chapter taxpayers of certain categories are required to make annuity deposits for every assessment year companymencing from the assessment year 1964 65.
17 of 1965.
The Judgment of GAJENDRAGADKAR C.J., WANCHOO, SHAH and SIKRI, JJ.
Shah, J. The petitioner.
Petition under Art.
The Indian Income tax Act 43 of 1961 was enacted by the Parliament to companysolidate and amend the law relating to income tax and super tax.
XXII A relating to annuity deposits companytaining ss.280 A to 280 X was introduced into the Income tax Act.
