Reopening of assessment - shares were transferred by way of a...

Reopening of assessment - shares were transferred by way of a gift - The petitioner argued that the transfer of shares as a gift did not attract capital gains tax liability and that there was no valid reason to believe income had escaped assessment. In this case, Section 45 read with Section 47 read with Section 48 of the Act makes it clear that the AO could not have any tangible material to form a belief that income has escaped assessment. - The court upheld the petitioner's arguments, ruling that the notice lacked validity due to the absence of tangible material supporting income escapement and confirming that the transfer of shares as a gift did not incur capital gains tax liability.