Section 280D of Income Tax Act "Application of Code of Criminal Procedure, 1973 to proceedings before Special Court"
280D. (1) Save as otherwise provided in this Act, the
provisions of the Code of Criminal Procedure, 1973 (2 of
1974) (including the provisions as to bails or bonds), shall
apply to the proceedings before a Special Court and the
person conducting the prosecution before the Special Court,
shall be deemed to be a Public Prosecutor:
Provided that the Central Government may also appoint for
any case or class or group of cases a Special Public
Prosecutor.
(2) A person shall not be qualified to be appointed as a
Public Prosecutor or a Special Public Prosecutor under this
section unless he has been in practice as an advocate for
not less than seven years, requiring special knowledge of
law.
(3) Every person appointed as a Public Prosecutor or a
Special Public Prosecutor under this section shall be deemed
to be a Public Prosecutor within the meaning of clause (u)
of section 2 of the Code of Criminal Procedure, 1973 (2 of
1974) and the provisions of that Code shall have effect
accordingly.
CHAPTER XXII-A
ANNUITY DEPOSITS
[Chapter XXII-A, consisting of sections 280A, 280B, 280C,
280D, 280E, 280F, 280G, 280H, 280-I, 280J, 280K, 280L, 280M,
280N, 280-O, 280P, 280Q, 280R, 280S, 280T, 280U, 280V, 280W
and 280X, omitted by the Finance Act, 1988, w.e.f. 1-4-1988.
The Chapter was inserted by the Finance Act, 1964, w.e.f.
1-4-1964 and has not been in operation since 1-4-1969 when
the requirement as to annuity deposit was discontinued by
the Finance Act, 1968, w.e.f. 1-4-1968 through an amendment
made in section 280C.]
281. (1) Where, during the pendency of any proceeding
under this Act or after the completion thereof, but before
the service of notice under rule 2 of the Second Schedule,
any assessee creates a charge on, or parts with the
possession (by way of sale, mortgage, gift, exchange or any
other mode of transfer whatsoever) of, any of his assets in
favour of any other person, such charge or transfer shall be
void as against any claim in respect of any tax or any other
sum payable by the assessee as a result of the completion of
the said proceeding or otherwise :
Provided that such charge or transfer shall not be void if
it is made-
(i) for adequate consideration and without notice of the
pendency of such proceeding or, as the case may be, without
notice of such tax or other sum payable by the assessee ; or
(ii) with the previous permission of the Assessing Officer.
(2) This section applies to cases where the amount of tax or
other sum payable or likely to be payable exceeds five
thousand rupees and the assets charged or transferred exceed
ten thousand rupees in value.
Explanation.-In this section, "assets" means land, building,
machinery, plant, shares, securities and fixed deposits in
banks, to the extent to which any of the assets aforesaid
does not form part of the stock-in-trade of the business of
the assessee.