furnish, by notice given under sub-
section (1) or sub-section (2) of section 22 or
section 34, or has without reasonable cause failed ... furnish under sub-section (1) of section 139 or
by notice given under sub-section (2) of section
139 or section 148 or has without
Income Tax Act, 1922 , Sections 66(5) , 66(7)
Income Tax Act, 1961, Sections 297(2)(a), 297(2)(i)
Excess Profit ... taxes under circumstances contemplated by Section 66(7) of
the ' 1922 Act'. But Section 297(2)(i) provided that: A
"(i) where
allegations which
disclose an offence under section 182 , Indian Penal Code.
The charge under section 297 , Indian Penal Code, was a
distinct one and concerned ... jurisdiction to take cognizance of the
complaint under section 500 and section 297 , Indian Penal
Code, as the facts disclosed constituted an offence under
section
excluded the applicability of section 6 ,
according to the Allahabad High Court, of the General
Clauses Act. Section 297(2) of 1961 Act, according ... 297(2)(b) nor any other sub-
clauses of sub-section (2) of section 297 indicates contrary
intention of the legislature regarding any vested right
bility of section 150 (or section 153 ) with the necessary
modifications. [18 G, 19A-B, D-E]
The last words of Section 297 ... under section 148. It permits the issue of the notice
under section 148, "subject to the provisions contained in
section 149 or section
taxes under circumstances contemplated by Section 66(7) of the '1922 Act'. But Section 297(2)(i) provided that:
(i) where, in respect ... interest squarely fell within Section 66(7) off the 1922 Act read with, and saved by, Section 297
evasion"; section 39 ; section 52 ; section 53 in part;
section 136 (1) ; section 136 (2) (b) , (c), (e), (f); and
section ... trade and commerce and as such transgress the
690.
provisions of section 297 of the Government of India Act,
1935 ;and
(3) that the High
purposes of clauses (a) and (b) of
sub- section (2) of section 297 of the Income-
tax Act, 1961 (43 of 1961) (hereinafter
referred ... repealing Act.In
cases covered by clause (b) of sub-section (2)
of section 297 of the repealing Act. the
assessments shall be made, inter
came into force
from 1st April, 1962. Sub-section ( 1 ) of section 297 of
the new Act repealed the old Act and by sub-section ... within sub-section (2) of section 150 .
Section 151 made it a condition precedent to the issue of
the notice under section 148 that
notices under Section 148 and the reassessments were completed by orders dated 26th March, 1970 under Section 147 , in virtue of Section 297 ... section (6) of Section 171 was, on the plain terms of Section 297(2)(d) , applicable and the Income Tax Officer was entitled to recover
