Reassessment unavailable where profit was fully disclosed and omission to tax resulted from an assessing error, not escaped assessment.

Where turnover and profit were fully disclosed in the returns, the mere fact that the assessing authority initially treated the profit as exempt was only an error of judgment and not escaped assessment. On those facts, reassessment under section 12 of the Rajasthan Sales Tax Act, 1954 was not available; the appropriate remedy was revision under section 15(1). The challenge to the Tax Board's order therefore failed.

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Issues: Whether reassessment under section 12 of the Rajasthan Sales Tax Act, 1954 could be invoked when the turnover and profit had been fully disclosed by the assessee and the original omission to tax the profit was only an error of judgment by the assessing authority.

Analysis: The profit element had been disclosed in the returns, and the original assessment proceeded on the assessing authority's view that such profit was exempt. That omission was treated as an error in judgment rather than a case of escaped assessment. In such a situation, the proper remedy lay in revision under section 15(1) of the Rajasthan Sales Tax Act, 1954 and not in reopening the completed assessments under section 12.

Conclusion: Reassessment under section 12 was not permissible on the facts, and the challenge to the Tax Board's order failed.

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