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TMI Blog1978 (3) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal found that the annuity deposits were payable. It referred the following question of law under s. 256(1) of the Income-tax Act for determination and opinion of this court : " Whether the Income-tax Officer on the date he completed the assessments for assessment years 1964-65, 1965-66 and 1966-67 was, after the repeal by way of omission of sections 280K and 280T of the Income-tax Act, 1961, with effect from April 1, 1967, competent to determine for these three assessment years the amount of annuity deposit required to be made by the assessee ? " Chapter XXII-A dealing with annuity deposits was introduced in the I.T. Act, by the provisions of the Finance Act, 1964, with effect from April 1, 1964. We may briefly notice the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t on the basis of self-assessment. Then follows s. 280K which is as follows : " 280K. Annuity deposit on the basis of Provisional or regular assessment.--At the time of making a provisional assessment under section 141 or a regular assessment, or as soon thereafter as may be, the Income-tax Officer shall, by order in writing, determine the amount of annuity deposit, if any, required to be made by the depositor on the basis of the income so assessed after taking into account the amount of annuity deposit, if any, already made by him in respect of that assessment year. " We omit several other provisions except sections 280R and 280T on which the assessee has placed reliance. These provisions are : " 280R. Penalty for failure to make dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) which, in the case referred to in clause (b), shall not exceed half the amount equal to the seventy-five per cent. referred to in clause (i)(1). (3) No order imposing a penalty under this section shall be made unless the assessee has been heard, or has been given a reasonable opportunity of being heard. " " 280T. Recovery of arrears of deposit and penalty.--For the removal of doubts, it is hereby declared that any arrear of annuity deposit and any penalty imposed under this Chapter shall be recoverable in the manner provided in Chapter XVII-D for the recovery of arrears of tax. " The provisions relating to annuity deposits go up to s. 280X. By the Finance Act, 1966, the provisions of ss. 280K, 280R and 280T omitted with effect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scribed " 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, we do not think its practical enforcement is in any way affected by the omission of the three sections, namely, ss. 280K, 280R and 280T. The omission of the latter two sections appear to us to be quite inconsequential. Considerable stress was laid on s. 280K ; and it was argued that this was the vital provision in regard to the enforcement of the annuity deposit scheme and that, in the absence of this section, determination and demand of annuity deposit by the ITO was impossible. We are unable to agree. The obligation to ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, and in all Central Acts and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context,--... (19) ' enactment ' shall include a Regulation (as hereinafter defined) and any Regulation of the Bengal, Madras or Bombay Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid : ........ " And section 6(c) of the Act reads : " 6. Where this Act, or any Central Act or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not--... (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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