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Issues: Whether reassessment under section 12(8) of the Orissa Sales Tax Act, 1947 could be sustained when it was initiated on the same material already examined in the original assessment, and whether such reopening amounted to a mere change of opinion.
Analysis: The original assessment had already considered the turnover and allowed set-off of entry tax against sales tax payable. The reassessment proceeded on the very same turnover and on no new concrete material from an external source. The reopening was therefore not founded on any fresh reason to believe, but only on a different view taken on the same facts. Such reopening is impermissible because the power to reassess is not a power to review an earlier concluded assessment. The statutory notification also recognized set-off for the covered goods, and the denial of that benefit through reassessment could not be justified on the same record.
Conclusion: Reassessment under section 12(8) was impermissible as a mere change of opinion, and the reassessment order and the confirming appellate orders were unsustainable.
Ratio Decidendi: Reassessment cannot be initiated on the basis of the same material already considered in the original assessment unless there is fresh, concrete information showing escapement of turnover or tax liability.
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