( 1 ) THE short question that falls for consideration in these appeals relates to the interpretation of the expression "assessment proceeding" in Explanation I in Section 153 of the Income Tax Act, 1961 (hereinafter referred to as "the Act" ).

( 2 ) CIVIL Nos. 2739-41 of 1981 have been filed by M/s Auto and metal Engineers, a partnership firm, and its partners while Civil nos. 2742-44 of 1981 and Civil Nos. 2745-47 of 1981 have been filed by Sunanda Rani Jain and Karuna Rani Jain, the two partners of the assessee-firm in their individual capacity. The appeals relate to Assessment years 1967-68, 1968-69 and 1969-70. On 24/4/1971 a search was conducted at the business premises of the assessee-firm as well as at the residential premises of the partners and certain documents and papers were seized during the course of the search. The partners of the assessee-firm filed writ petitions in the Delhi High court wherein they challenged the validity of the said search and seizure. The said writ petitions were admitted by the High court on 26/10/1971. In the said writ petitions an interim order was passed on 23/11/1971 by Rajinder Sachar, J. (as he then was) in the following terms:

"after hear