Change of opinion invalidates reassessment where completed scrutiny already examined trading results and sales suppression concerns.

Reopening of a completed scrutiny assessment is impermissible when it is based only on a reappraisal of material already examined in the original proceedings. The assessment under section 143(3) had considered the books, trading results, bank statements, debtors and creditors, and no adverse finding was made on sales suppression or milk purchase price. As the reassessment relied on the same material and a fresh estimate of average milk price without new tangible evidence, it amounted to a mere change of opinion. The reopening was therefore held invalid.

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Issues: Whether reopening of the completed assessment was invalid as a mere change of opinion, where the original assessment under section 143(3) had examined the assessee's trading results and the reassessment was initiated on the basis of alleged suppression of sales.

Analysis: The original assessment had been completed after scrutiny of the books, month-wise purchase and sales details, bank statements, sundry debtors and creditors, and comparative trading results. No adverse finding had been recorded on the sales or purchase price of milk, and no addition was made towards suppression of sales. The reassessment was founded on a fresh computation of average milk price and the resultant estimated difference in sales, but the same material had already been available during the original proceedings. In these circumstances, the reopening did not rest on new tangible material and amounted only to a review of an issue already examined, which is impermissible in law.

Conclusion: Reopening was held invalid as a change of opinion, and the assessee succeeded on this issue.

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