The Appellate Tribunal (ITAT) considered the validity of...

The Appellate Tribunal (ITAT) considered the validity of reopening an assessment where the assessee's objections were not addressed. The power to reopen assessment lies solely with the Assessing Officer (AO) who must genuinely believe income has escaped assessment. If objections are raised, the AO must decide on them before finalizing the assessment. While the CIT(A) can enhance assessments, only the AO can reopen them. Failure to address objections renders the assessment invalid. Consequently, additions made in such assessments are unsustainable. The decision favored the assessee due to the flawed assessment process.

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