JUDGMENT :

BHARGAV D. KARIA, J.

1. Heard learned advocate Mr. B.S. Soparkar for the petitioner and learned Senior Standing Counsel Mr. Varun K. Patel for the respondent no.2.

2. Having regard to the controversy arising in the petition which is in narrow compass, with the consent of the learned advocates for the respective parties, the matter is taken up for hearing.

3. Rule returnable forthwith. Learned Senior Standing Counsel Mr. Varun K. Patel waives service of notice of rule on behalf of the respondent.

4. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the notice dated 31.03.2021 issued under Section 148 of the INCOME TAX ACT , 1961 (for short “the Act”) for the Assessment Year 2013-14 as well as the Assessment Order dated 30.03.2022 passed by the respondent – Assessing Officer under Section Section 147 read with Section 144B of the Act during the pendency of this petition.

5. The brief facts of the case are as under:

5.1. The petitioner filed Return of Income for the Assessment Year 2013-14 declaring its gross total income as ‘NIL’ on 28.09.2013. The respondent has issued notice dated 31.03.2021 under Sectio