TMI Blog1996 (8) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... 1961. Following the filing of the returns by the assessees for the assessment year 1992-93, notices were issued to them under section 143(2) of the Act. While the proceedings in terms of section 143(3) of the Act were pending pursuant to the notice, it appears that on the basis of the materials seized in the course of a search at the petitioners' premises, the Assessing Officer found that there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sen, AAC of I. T. [1965] 56 ITR 198 and in Jaikishan Gopikishan and Sons v. CIT [1989] 178 ITR 481 (MP). In our opinion, those decisions relied upon by Mr. Bajla are of no avail to the petitioners in these cases because those decisions are in cases relating to the period prior to April 1, 1989, when Explanation 2(b) was added to section 147, which is as under : Explanation 2.--For the purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was initiated. He tried to support his submission with the help of the explanatory note which was placed before Parliament at the time of the introduction of the amendment in section 147 and contended that the provision contained in Explanation 2(b) must be given a restricted and limited meaning in the light of the explanatory note. In support of his submission that circulars issued by the Central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at section 119 has empowered is to issue orders, instructions or directions for the 'proper administration' of the Act or for such other purposes specified in sub-section (2) of the section. Such an order, instruction or direction cannot override the provisions of the Act ; that would be destructive of all the known principles of law as that would really amount to giving power to a delegated autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and it is in the following terms : " The Amending Act, 1987, has, therefore, made amendment in the provisions of section 147 and other connected sections to simplify the procedure which is kept for assessment specially in non-scrutiny cases. " (emphasis added). Thus, even the explanatory note did not say that Explanation 2(b) to section 147 of the Act would apply only to the "non-scrutiny case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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