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2016 (3) TMI 40 - AT - Income TaxReopening of assessment u/s 115WG - change of opinion - reason to believe that value of fringe benefits had escaped assessment - Held that:- We find from the records, orders of authorities below that the issue of contribution to superannuation fund was duly considered by the AO at the time of framing the assessment u/s 115WE(3) of the Act by raising specific query which was replied vide letter dated 25-09-2008 AO has reopened already completed assessment qua fringe benefit on the basis of old material which was before him at the time of framing original assessment. We, therefore, of the considered view that such reopening based on the material which was considered by the AO at the time of passing the original assessment is bad in law and we, therefore, find no infirmity or see any reason to interfere in the order of the CIT(A) which is passed after following ratio laid down in the case of CIT vs. Kelvinator of India Limited (2010 (1) TMI 11 - SUPREME COURT OF INDIA ) - Decided against revenue
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