Finality of completed assessment bars reopening after accepted Form F declarations, absent fraud or misrepresentation.

Acceptance of Form F declarations in a completed assessment rendered the determination conclusive, so suo motu revision and reopening were impermissible on a mere change of opinion or re-appreciation of the same facts. The enquiry under the relevant provision was confined to whether the transfer was in fact to the branch office or agent, and a wider reassessment could not be undertaken absent exceptional grounds such as fraud or misrepresentation. The Madras HC therefore held that the reopening and revisional order were not sustainable.

---

---

Issues: Whether the suo motu revision and reopening of the completed assessment was permissible after Form F declarations had been accepted and the assessment had attained finality.

Analysis: The challenge turned on the effect of the acceptance of Form F declarations in the completed assessment. The governing principle applied was that once the statutory authority, on the basis of the jurisdictional facts, has accepted the declaration and completed the assessment, the resulting determination attains conclusiveness. Reopening is not justified on a mere change of opinion or re-appreciation of the same facts. The Supreme Court ruling relied on in the judgment was treated as settling the position that the enquiry under the relevant provision is confined to whether the transfer was in fact to the branch office or agent, and any wider reassessment is impermissible unless exceptional grounds such as fraud or misrepresentation exist.

Conclusion: The reopening and suo motu revisional order were not sustainable, and the assessee succeeded.

---