Reassessment procedure requires a separate speaking order on reopening objections before assessment is completed.

Reassessment cannot be sustained where the Assessing Officer completes the reassessment without first disposing of the assessee's objections to reopening by a separate speaking order. The governing procedure requires those objections to be decided independently before the assessment is framed, and failure to follow that sequence vitiates the reassessment in its existing form. The matter was therefore set aside and remanded to the Assessing Officer to first adjudicate the objections in accordance with law, then pass a fresh order after giving adequate opportunity to the assessee.

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Issues: Whether reassessment was vitiated because the Assessing Officer did not dispose of the assessee's objections to the notice issued for reopening before completing the assessment.

Analysis: The assessee had filed objections to the reasons recorded for reopening. The Assessing Officer completed the reassessment without first passing a separate speaking order on those objections. The applicable law requires the objections raised against reopening to be decided independently before the assessment is framed. Since that procedure was not followed, the reassessment could not be sustained in its existing form.

Conclusion: The reassessment was set aside and the matter was restored to the Assessing Officer to first decide the objections in accordance with law and thereafter pass a fresh order after giving adequate opportunity.

Final Conclusion: The appeal succeeded to the extent of remand, and the assessment proceedings were reopened for fresh consideration after disposal of the objections.

Ratio Decidendi: Objections to reopening must be disposed of by a separate speaking order before reassessment is completed.

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