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2019 (2) TMI 1882 - HC - VAT and Sales TaxValidity of reassessment proceeding - Reopening of completed assessment - Harpic and Mortein Coil - rate of tax - UPVAT Act - HELD THAT:- The record reveals that the assessing authority while passing the original assessment order have considered all relevant material and rightly imposed tax at the rate of 4 %, therefore, there is no fresh or tangible material to form a reasonable belief that the turnover has escaped assessment, which could legally be permitted for initiating the reassessment proceeding under Section 29(7) of the Act. At the best it can be said that there is only a change of opinion, which is not permissible under the Act. This Hon'ble Court, time and again has taken the view that in absence of no new material brought on record, the completed assessment cannot be re-opened merely on the basis of change of opinion. There is no new material on record to be put forward by the respondents that the goods in question i.e. Harpic and Mortein Coil will be classifiable under Schedule-V of UP VAT Act so as to justify the higher rate of tax, at the rate of 12 % - the goods in question i.e. Harpic and Mortein are squarely covered under Entry 20, Part-A of Schedule-II of UPVAT Act. Petition allowed.
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