Assessing Officer issued a notice under section 148A(b) on ground that assessee had not filed its return of income for assessment year in question and proposed to initiate reassessment based on a purported remittance to a non-resident or foreign company.  Assessee submitted that it had  filed its return for assessment year 2016-17 and assessee had in fact sold shares leading to capital gains which too were duly disclosed in return which had been furnished and claimed exemption from taxation by virtue of Article 13(4).  Assessing Officer  passed an order under section 148A(d) denying exemption under article 13 to assessee.  On writ, assessee contended that original show cause notice had proceeded on premise that assessee was a non-filer, however, it was  established that assessee had filed its return which was duly acknowledged and financial transactions in question were duly disclosed in return and, thus, reassessment was unjustified. Held that   reopening notice was not even founded on allegation that assessee was not entitled to claim benefit of article 13(4) of DTAA. Since Assessing Officer had issued notice under section 148A(b) on false premise, impugned reassessment was not valid and was to be set aside. (AY 2016-17)