(1.) RULE . Learned senior standing counsel Shri K.M Parikh appears and waives service of notice of rule on behalf of the respondent. With the consent of the learned counsel, the matter is finally heard and decided today.
(2.) CHALLENGE in this petition, preferred under Article 226 of the Constitution of India, is to the notice dated 7th March 2013 issued under Section 148 of the Income tax Act, 1961 {"the Act" for short} for reopening of the assessment within four years from the end of relevant assessment year ie., 200809 with the following prayers :
(3.) BRIEF facts necessary for the purpose of deciding this petition are as follows :