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2021 (10) TMI 20 - AT - Income TaxValidity of reopening of assessment u/s 147 - eligibility of reasons to believe - non-compliance of procedure - non-disposing of objections filed by the assessee before completion of assessment - HELD THAT:- As decided in M/S. DEEPAK EXTRUSIONS PVT. LTD. [2017 (3) TMI 1257 - KARNATAKA HIGH COURT] with regard to the non following of procedure prescribed by Hon'ble Supreme Court in the case of GKN Drive Shafts India Ltd [2002 (11) TMI 7 - SUPREME COURT] AO did not dispose of the objections prior to proceeding with the assessment further and proceeded to pass the order for assessment. Under the circumstances, it can be said that the mandatory procedure of disposal of the objection by Assessing Officer before proceeding with the assessment has not been folio ed and exercise of power can be said as not only vitiated, but the order of assessment cannot be sustained - also see SHRI. LAKSHMANA, S/O. LATE CHIKKATHIMMAIAH case [2021 (7) TMI 1141 - ITAT BANGALORE] - Decided in favour of assessee.
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