The Court rejected the contention that an opinion can exist only where the assessment order expressly adjudicates upon the issue. Where the Revenue accepts the assessee’s response, the Assessing Officer necessarily forms an opinion on whether the position is acceptable. Accordingly, the Bombay High Court quashed and set aside the notice dated 27 March 2019 and allowed the Petition. This very issue/reason for reopening the assessment was subject matter of consideration during the regular assessment proceedings, leading to the assessment order dated 30 January 2018. The parties have responded to it and the Assessment Order dated 30 January 2018 makes no reference to the above issue at all.