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TMI Blog2014 (9) TMI 785X X X X Extracts X X X X X X X X Extracts X X X X ..... lings and individually received gift during the subject Assessment Year. Both the Petitioners are individually assessed to Income Tax. 2. The facts in both the Petitions as well as the ground of challenges are identical, save and except to the extent of the amount of income which is alleged to have escaped the assessment in respect of the two Petitioners. This is on account of varying amount of gift received by each of the Petitioner. In view of the above, for the sake of convenience, we refer to the facts stated in Writ Petition No.2857 of 2006, for the purposes of this order. 3. On 30th August, 2001, the Petitioner filed his Return of Income for Assessment Year 2001-02, declaring total income of Rs. 3.16 lakhs. The Petitioner's case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pport of the impugned notice, the following reasons were forwarded to the Petitioner in Writ Petition No.2857 of 2006, which reads as under: "Shri Aditya Kapoor - A. Y. 2001-02 Reasons for the belief that income has escaped assessment In this case the assessment was originally completed u/s. 143(3) on 11.11.2003. In the assessment, a gift of Rs. 12,80,000/- received by the assessee was accepted by the A. O. without making requisite enquiry and verification. While reviewing the case by the CIT, the CIT has directed to take alternative remedial action for verification of the gift. It is also remarked that the A. O. has erred in holding the gift received by the assessee to be genuine merely on the basis of confirmation and bank certificate. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Petition submits that the impugned notice is without jurisdiction inasmuch as it is issued only on change of opinion. This is so as the gift received from Mr. Arun Mehra was specifically enquired during the assessment proceeding and detailed responses to the queries were filed. Besides, it is also submitted that there is no reason to believe that the income chargeable to tax has escaped the assessment for the purposes of issuing the impugned notice. In the above view, it is submitted that the reopening of notice is without jurisdiction. 8. As against the above, Mr. Arvind Pinto, learned Counsel appearing for the RespondentRevenue submit that the assessment order dated 11th November, 2003 does not make any observation with regard to the gif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled a response on 7th January, 2003. Thereafter on further query, the Petitioner also filed on 20th January, 2003 a certificate of confirmation of gift from Mr. Arun Mehra, disclosing the fact that the gift is given out of natural love and affection from an NRO account and that the Petitioner is related to him. Besides, the certificate also indicated that Mr. Arun Mehra is assessed to tax in India and, his permanent account number was also given to the Assessing Officer. Further, on 13th August, 2003, at the request of the Assessing Officer, the Petitioner also furnished to the Assessing Officer a copy of the bank account statement of Mr. Arun Mehra with Punjab National Bank, Delhi from where the gift of Rs. 12.80 lakhs was made. Therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehra was genuine during the assessment proceeding leading to order dated 31st March, 2006. Therefore, the impugned notice seeking to reopen the assessment for the Assessment Year 2001-02 is clearly without jurisdiction as it is based on a mere change of opinion. 12. It is also contended by the Respondent-Revenue that the Assessing Officer had to make further enquiries before being satisfied that the gifts were genuine in the assessment proceedings, leading to Assessment Order dated 11th November, 2003. The formation of the opinion is to be of an Assessing Officer who passes the Assessment Order. At the time of reopening of assessment what has to be examined before issuing the notice under Section 148 of the Act, is whether the Assessing Of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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