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Issues: Whether the reassessment permission and consequential notices under the Uttar Pradesh Value Added Tax Act, 2008 could be sustained when the original assessments had already examined and accepted the relevant credit-note and input-tax-credit material and no fresh material was shown for reopening.
Analysis: Section 29 of the Uttar Pradesh Value Added Tax Act, 2008 permits reassessment only when the assessing authority has reason to believe that turnover has escaped assessment, been under-assessed, been taxed at a lower rate, or that deductions or exemptions were wrongly allowed. Such belief must rest on relevant material and cannot be founded on a mere change of opinion or on the same material already considered during the original assessment. On the facts, the original assessment orders showed due scrutiny of the relevant books of account and credit notes, and the reopening proposal did not disclose any fresh information or material establishing the statutory pre-condition for reassessment. In these circumstances, the proposed reassessment amounted to a roving and fishing inquiry and could not be justified.
Conclusion: The reassessment permission and consequential notices were unsustainable and were quashed in favour of the petitioner.
Ratio Decidendi: Reassessment under Section 29 of the Uttar Pradesh Value Added Tax Act, 2008 can be initiated only on the basis of fresh, relevant material giving rise to a bona fide reason to believe that the statutory conditions for reopening exist; reopening on the same material already examined in the original assessment is impermissible.
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