1. - Under challenge in this writ petition is the order dated 30.9.1996 passed by the Settlement Commissioner whereby application of the petitioner filed under Section 245C of the Income Tax Act, 1961 (in short `the Act') was rejected and not allowed to be proceeded with.

2. Factual matrix of the case is that the business and residential premises of the petitioner were searched by the respondents in accordance with the provisions of section 132(1) of the Act on 21.3.90. During the course of search proceedings, certain incriminating documents were found at these premises. An order was later passed u/s. 132(5) of the Act on 13.7.90. Notice under Section 148 was issued to the petitioner on 30.4.91 in respect of the assessment year 1989-90 because the petitioner by that time had not filed the return under Section 139(1) of the Act. Pursuant to the said notice, the petitioner filed his return of income tax for the assessment year 1989-90 on 15.5.91 declaring total income tax of Rs.18,289/-. The petitioner then filed return of income tax under Section 139(1) of the Act for the assessment year 1990-91 on 31.3.92. The Assessing Authority first took up the assessment for the year 19