M.R. Shah, J.

1. Rule. Learned advocate Shri Sudhir M. Mehta waives service of notice of rule for and on behalf of the respondent.

2. In the facts and circumstance of the case, with the consent of learned advocates appearing on behalf of the respective parties, the present Special Civil Application is taken up for final hearing today.

3. By way of this petition under Article 226 of the Constitution of India, the petitioner-assessee has prayed for issuance of appropriate writ or order to quash and set-aside the impugned Notice dated 29th March 2016 issued under Section 148 of the Income-tax Act, 1961 ["the Act" for short] by which, the Assessing Officer has sought to reopen the assessment for Assessment Year 2009-2010 alleging inter alia that the income chargeable to tax for A.Y 2009-2010 has escaped assessment within the meaning of Section 147 of the I.T. Act.

4. The facts leading to the present Special Civil Application in nutshell are as under:

4.1 That the assessee filed return of income for A.Y 2009-2010 on 30th September 2009 declaring total income at Rs. NIL. While