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2023 (2) TMI 303 - ITAT CHENNAIValidity of reopening of assessment u/s 147 - Non Supply of reasons recorded - HELD THAT:- In view of the above legal position as in the case of CIT Vs. Pentafour Software Employees Welfare Foundation [2019 (9) TMI 313 - MADRAS HIGH COURT] held that violation of law laid down by Hon’ble Supreme Court is not a procedural error because the word “bound” would be rendered meaningless if it is held to be procedural error and it would lead to abuse of power and such a construction would dilute the decision in the case of GKN Driveshafts (India) Ltd. [2002 (11) TMI 7 - SUPREME COURT]. Hence, we hold that the non supply of reasons till the Appellate Tribunal stage vitiate the assessment proceedings and hence, void ab initio and bad in law. Hence, we quash the reassessment order and set aside the order of CIT(A) and the appeal of the assessee is allowed.
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