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    <title>1998 (11) TMI 638 - ALLAHABAD HIGH COURT</title>
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    <description>Additional evidence may be admitted in second appeal where the assessee shows that, despite due diligence, the document could not be produced earlier and files a credible explanation supported by affidavit. The Tribunal must exercise its discretion to admit or reject such material fairly, justly and reasonably, especially where the document is material to the appellate claim. On these facts, the explanation for late production of form III-C(Ga) was unrebutted, so refusal to admit it was unjustified. The revisional challenge succeeded and the matter was sent back for fresh decision after admitting the form and allowing rebuttal evidence.</description>
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      <title>1998 (11) TMI 638 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=160164</link>
      <description>Additional evidence may be admitted in second appeal where the assessee shows that, despite due diligence, the document could not be produced earlier and files a credible explanation supported by affidavit. The Tribunal must exercise its discretion to admit or reject such material fairly, justly and reasonably, especially where the document is material to the appellate claim. On these facts, the explanation for late production of form III-C(Ga) was unrebutted, so refusal to admit it was unjustified. The revisional challenge succeeded and the matter was sent back for fresh decision after admitting the form and allowing rebuttal evidence.</description>
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      <pubDate>Tue, 10 Nov 1998 00:00:00 +0530</pubDate>
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