Reassessment based on change of opinion is impermissible when all material facts were disclosed and assessed earlier.

Section 12 of the Rajasthan Sales Tax Act, 1954 cannot be used to reopen a completed assessment merely because the Assessing Authority later adopts a different view on the same disclosed material. Where the assessee had placed all relevant facts before the authority and the original assessment was made after considering the applicable notification and tax rate, reassessment is barred in the absence of any allegation of suppression or non-disclosure. A mistaken application of the notification or rate, by itself, does not justify reopening. The reassessment notice was therefore unsustainable and was quashed in favour of the assessee.

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Issues: Whether reassessment notice under Section 12 of the Rajasthan Sales Tax Act, 1954 could be sustained when the assessee had disclosed all material facts and the original assessment was reopened only on a change of opinion regarding the applicable notification and rate of tax.

Analysis: Section 12 permits reassessment in cases of escaped assessment or assessment at too low a rate, but it cannot be invoked merely because the Assessing Authority later takes a different view on the same material. Where the assessee had placed all relevant facts before the Assessing Authority and the original assessment was completed after applying mind to the applicable notification, absence of any allegation of suppression of material facts bars reopening. A wrong application of notification or rate, without non-disclosure by the assessee, is not a valid basis for reassessment.

Conclusion: The reassessment notice was unsustainable and was quashed, in favour of the assessee.

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