JUDGMENT :

Bhargav D. Karia, J.

1. Heard learned advocate Mr. S.N. Divatia for the petitioner and learned Senior Standing Counsel Mr. Karan Sanghani for the respondent.

2. Rule returnable forthwith. Learned Senior Standing Counsel Mr. Sanghani waives service of notice of rule on behalf of respondent.

3. Having regard to the controversy involved which is in a narrow compass, with the consent of learned advocates for the respective parties, the matter is taken up for final hearing.

4. By this petition under Article 226 of the Constitution of India, the petitioner has challenged notice issued under Section 148 of the Income Tax Act, 1961 (for short “the Act”) for reopening the assessment for the Assessment Year 2016-2017.

5. The brief facts of the case are that the petitioner which is a partnership firm is engaged in the business of hiring of Earth Moving equipment and Commercial Vehicles for providing excavators, dozor, graders, rock drill machines etc. with operators for excavation of overburden and minerals.

5.1. For the year under consideration, the assessee filed return of income on 15.09.2016 declaring total income at Rs.18,29,24,740/- which included the depreciation on tipper at the