Judgement

SHAH, J. : The petitioner who is a trader at Meerut was ordered by the Income-tax Officer, D-Ward, Meerut, to pay Rupees 1,800/- as annuity deposit under Ch XXII-A of the Income-tax Act, 1961. The petitioner has filed this petition challenging the validity of the demand on the plea that Ch. XXII-A of the Income-tax Act is unconstitutional and is otherwise violative of the fundamental right guaranteed by Art. 14 of the Constitution.

2. The Indian Income-tax Act, 43 of 1961, was enacted by the Parliament to consolidate and amend the law relating to income-tax and super-tax. The Act came into force on April 1, 1962. 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 commencing 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."

By S. 44 of the finance Act, Ch. XXII-A relating to annuity deposits containings Ss. 280-A to 280-X was that