Court held that though the assessment order as such was silent on this aspect of gift of shares , the communications between the assessee and the Assessing Officer would clearly demonstrate that the assessee had disclosed all the primary facts regarding transfer of shares to E without any consideration and as a gift. In any case, it was a scrutiny assessment. It was clearly discernible that the basis for reopening the assessment were two letters of the Departmental authorities. While initially the contention of the assessee that such transfer of shares was a gift without consideration was accepted, subsequently the view was revised to treat the transfer of shares not as a gift and to tax the transaction on the market value of the shares. This was nothing but a change of opinion. Now it was not open to the Assessing Officer to take a second view on the same set of facts treating the earlier view as erroneous. The notice of reassessment after four years was not valid.( AY.2012-13)

S.147: Reassessment-After the expiry of four years- No failure to disclose material facts necessary for Assessment — Transfer of shares as gift – Change of opinion — Notice not valid [ S.45, 47, 148 ]