JUDGMENT :

N.V. ANJARIA, J.

1. Heard learned advocate Mr. S.N. Divatia for the petitioner and learned senior advocate Mr. M.R. Bhatt assisted by learned advocate Mr. Karan Sanghani for M.R. Bhatt and Co. for the respondent, at length.

2. By filing this petition under Article 226 of the Constitution, the petitioner has prayed to set aside notice dated 23.9.2018 under Section 148 of the Income Tax Act, 1961 in respect of the assessment year 2013-14, seeking to reopen the assessment for the year under consideration. Also prayed is to set aside order dated 28.9.2018 whereby the objections of the petitioners came to be rejected and disposed of by Assistant Commissioner of Income Tax.

2.1 In the aforesaid notice dated 23.9.2018, it was stated by the Assessing Officer that income of the petitioner-assessee chargeable to tax for the assessment year 2013-14 had escaped assessment within the meaning of Section 147 of the Income Tax Act, 1961 (hereinafter to be referred to as the ‘the Act’).

3. Noticing the facts, the petitioner happens to be private limited company incorporated under the Companies Act, 1956. It is stated that the petitioner maintains regular books of accounts which are subject to