Speaking order on reopening objections required before reassessment is completed, and non-compliance defeats the reassessment challenge.

Objections to reasons recorded for reopening of assessment must be disposed of by a speaking order before reassessment is completed; failure to follow that mandatory procedure vitiates the reassessment challenge. In this matter, the Assessing Officer did not decide the assessee's objections before completing the reassessment, so the Tribunal's grant of relief to the assessee was upheld. The challenge to the reassessment failed, the issue was decided against the Revenue, and the remaining substantial questions were left open.

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Issues: Whether the assessment could be sustained when the Assessing Officer did not dispose of the assessee's objections to reopening before completing the reassessment.

Analysis: The reopening challenge turned on the settled requirement that objections to reasons recorded for reassessment must be considered and decided by a speaking order before the reassessment is completed. The Assessing Officer did not follow that procedure. The Tribunal therefore granted relief to the assessee, and no error was found in that approach.

Conclusion: The challenge to the reassessment failed. The issue was decided against the Revenue and in favour of the assessee.

Final Conclusion: The appeal was dismissed, while the other substantial questions were left open.

Ratio Decidendi: Objections to reopening of assessment must be disposed of by a speaking order before completion of reassessment, and failure to follow that mandatory procedure vitiates the reassessment challenge.

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