2011 (3) TMI 406

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....EPRESENTED BY : Shri L.P. Asthana, Advocate, for the Appellant. Shri R.K. Verma, DR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President]. - Heard ld. Advocate for the appellant and DR for the respondent. 2. This is an application seeking leave to produce additional evidence before the Tribunal in the appeal filed by the appellants against the order passed by t....

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.... to what prevented the appellants from obtaining the said documents from the concerned persons during the pendency of the proceedings before the Commissioner. 6. As far as the certificate from the Chartered Engineer is concerned that is stated to have been issued by one Shri Vinay Kumar, Wadhawan from Greater Kailash, New Delhi. The appellants have their registered office and establishment....

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....d Engineer from Delhi itself Besides, it is undisputed fact that the same Chartered Engineer has issued another certificate earlier and had already produced by the appellant in the course of the proceedings before the Commissioner. 9. The additional evidence, at the appellate stage, not being a matter of right for any party, the party cannot seek to produce such further evidence by the sam....