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Issues: Whether the completed assessment could be reopened under section 29(7) of the U.P. Value Added Tax Act, 2008 on the basis of a subsequent judgment and without fresh tangible material, and whether such reopening was barred as a mere change of opinion.
Analysis: The assessment for the relevant year had already been completed after consideration of the available material, including the survey report, and the authority had then taken the view that no tax was payable on the material used in the alleged works contract. The impugned reopening was founded only on a later judgment and not on any new material showing escapement of turnover. Once the earlier issue had attained finality and the Department had accepted the earlier adjudication, the same concluded assessment could not be reopened merely because a different view was subsequently available. The existence of a rational basis and a live link between the material and the belief of escapement was absent, and the reopening was therefore a change of opinion.
Conclusion: Reopening under section 29(7) was not permissible. The impugned sanction order and consequential notice were liable to be quashed, in favour of the assessee.
Final Conclusion: The writ petition succeeded and the reassessment proceedings were set aside because a concluded assessment cannot be reopened merely on the basis of a subsequent judicial decision in the absence of fresh material.
Ratio Decidendi: A completed assessment cannot be reopened under the reassessment power merely because of a later judgment or a different view on the same material; fresh tangible material and a real reason to believe must exist, and reopening based only on a change of opinion is impermissible.
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