JUDGMENT :

KAMAL KHATA, J.

1. This Petition under Article 226 of the Constitution of India challenges the notice under section (u/s) 148 of the Income-tax Act, 1961 (‘Act’) dated 9th March 2015 issued by Respondent No.1 for reopening of assessment for assessment year (‘A.Y.’) 2008-09 and the order dated 21st January 2016, rejecting the objections raised by Petitioner to the notice issued to re-assess the income.

2. Rule was issued on 16th April 2016. No reply filed till date.

FACTS:

3. Petitioner a partnership firm filed its return of income for AY 2008-09 on 15th September 2008. It’s case was selected for scrutiny and a Notice u/s 143(2) was issued on 19th August 2009. Thereafter, by a notice u/s 142(1) dated 12th July 2010 a questionnaire seeking details regarding loans and advances of secured and unsecured loans with names /address details, interest payment, loan confirmation details of unsecured loans, details of source and capacity of creditor, complete address of creditor with PAN and bank statements were sought. All queries were answered with particulars and supporting documents. An assessment order u/s 143(3) was passed on 29th October 2010.

4. After four years, Respondent No.1 i