JUDGMENT :

J.B.PARDIWALA, J.

1. Rule returnable forthwith. Ms. Raval, the learned standing counsel appearing for the Revenue waives service of notice of rule for and on behalf of the Revenue.

2. By this writ application under Article 226 of the Constitution of India, the writ applicant (assessee) has prayed for the following reliefs:

“(a) quash and set aside the impugned Assessment Order dated 27.12.2018 at Annexure “A' to this petition;

(b) pending the admission, hearing and final disposal of this petition, to stay the implementation and operation of the Assessment Order dated 27.12.2018 at Annexure “A” to this petition;

(c) any other and further relief deemed just and proper be granted in the interest of justice;

(d) to provide for the cost of this petition.”

2. The facts giving rise to this writ application may be summarised as under:

2.1 The writ applicant seeks to challenge the order passed by the respondent under Section 143(3) read with Section 254 of the Income Tax Act, 1961 (for short, 'the Act, 1961') for the assessment year 2004-2005. The assessee is a company incorporated under the Companies Act, 1956. The assessee is in the business of construction. The return of the income fo