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    <title>2015 (11) TMI 1634 - ORISSA HIGH COURT</title>
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    <description>A second appellate forum acting as the final fact-finding authority must call for and examine the lower court records before disposing of the appeal. Proceeding on the footing that such records were unavailable, and remanding the matter without perusing them, was held improper and vulnerable. The proper course was to secure the records and decide the appeal on merits after hearing both sides. The remand was therefore set aside and the Tribunal was directed to hear the appeal afresh with the relevant records before it.</description>
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      <link>https://www.taxtmi.com/caselaws?id=189779</link>
      <description>A second appellate forum acting as the final fact-finding authority must call for and examine the lower court records before disposing of the appeal. Proceeding on the footing that such records were unavailable, and remanding the matter without perusing them, was held improper and vulnerable. The proper course was to secure the records and decide the appeal on merits after hearing both sides. The remand was therefore set aside and the Tribunal was directed to hear the appeal afresh with the relevant records before it.</description>
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      <pubDate>Wed, 18 Nov 2015 00:00:00 +0530</pubDate>
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