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Supreme Court Of India

Hon'ble Judge(s): A. K. Sikri, Ashok Bhushan, S. Abdul Nazeer , JJJ

(A) Constitution of India , Art.14— Reasonable classification - Jeevan Aadhar policy floated by LIC for benefit of handicapped dependants - Provisions of S. 80-DD of Income-tax Act incorporating condition that annuity or lumpsum amount is payable to dependant only on demise of proposer/life assured - Denial of benefit of insurance to handicapped dependant to get annuity during lifetime of life assured - Not violative of Art. 14 as it is based on valid rational behind it and has nexus to its object. Income-tax Act (43 of 1961) , S.80DD— (Para 13 16 18) (B) Constitution of India , Art.32— Income-tax Act (43 of 1961) , S.80DD— PIL - Petition filed in interest of handicapped children whose parents have taken Jeevan Aadhar Policy from LIC - Provisions of S. 80-DD of Income-tax Act incorporating condition to effect that amount/annuity under policy to be released only after death of person assured - Plea that by incorporating such condition, respondents are denying benefit of insurance to handicapped dependants during lifetime of proposer/life assured - Not tenable - However, need for authorities to re-look into said provision and provide suitable amendments. Section 80-DD of the Income-tax Act is a....