JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records in PAN : AAACM6975F/2003-04 dated 03.09.2010 read with notice under Sec. 148 of the Income Tax Act, 1961, P.A. No.AAACM6975F dated 17.03.2010 relating to the Assessment Year 2003-04 on the file of the respondent and quash the same.)

1. The petitioner has challenged the re-opening of the Assessment vide impugned notice dated 17.03.2010 for the Assessment Year 2003-2004 and the impugned communication dated 03.09.2010 bearing reference PAN:AAACM6975F/2003-2004 for the Asessment Year 2003-overruling the objection of the petitioner for re-opening of the completed assessment.

2. The petitioner had filed income tax return for the Assessment Year 2003-2004 belatedly on 06.07.2004. There the petitioner had declared the loss of income from business as Rs.3,66,77,842/-. At the time of filing of the return on 06.07.2004, the petitioner had enclosed a copy of the financial statement which included the report of the auditor to the shareholder of the petitioner M