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2011 (2) TMI 250 - HC - Income TaxSearch and seizure - Block assessment - Addition - Undisclosed income - Period of limitation - there was no other corroborative evidence and the lenders/borrowers mentioned in the diary denied the transactions recorded therein - Evidently there is nothing on record to show that any verification exercise was carried out by the assessing authority before recording the aforesaid satisfaction for the purpose of Section 158BD - The material and information which came to the knowledge of the Assessing Officer subsequent to the date of recording of satisfaction i.e. 21.5.2001 is not relevant to decide the validity of the satisfaction recorded on an anterior date Regarding additional evidence - the report of the Forensic Science Laboratory was a relevant material and so was the affidavit dated 27.12.2004 of the searched person - The additional evidence can be allowed in the interest of justice if the same is authentic and necessary for the decision of the issue raised before the Tribunal - In the facts and circumstances, the Tribunal was not justified in declining to consider the additional evidence comprising of the opinion of the laboratory of the Government examiner and also the affidavit of the author of the diary, though the documents had direct bearing on the issue - Decided against the assessee
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