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2014 (9) TMI 785 - BOMBAY HIGH COURTReopening of assessment u/s 148 – Gifts received from siblings – Change of opinion - Held that:- The AO asked for various details in respect of the gift of ₹ 12.80 lakhs received from Mr. Arun Mehra - the AO had formed an opinion that the gift received by the Petitioner from Mr. Arun Mehra was genuine during the assessment proceeding leading to order dated 31st March, 2006 - the notice seeking to reopen the assessment for the AY 2001-02 is clearly without jurisdiction as it is based on a mere change of opinion - The formation of the opinion is to be of an AO who passes the Assessment Order - At the time of reopening of assessment what has to be examined before issuing the notice u/s 148 of the Act, is whether the AO had formed an opinion - If yes, then the assessment is not amenable to jurisdiction u/s 148 of the Act - The enquiry for the purposes of forming of an opinion will different from person to person and in any case the depth of enquiry is not the test to determine the issue of formation of opinion - Where there is even a modicum of enquiry on an issue arising during assessment proceeding under Section 143(3) of the Act, it shall follow that there has been formation of opinion – Decided in favour of assessee.
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