5A. Production of additional evidence before the 46a[ Deputy Commissioner  (Appeals)42 [and Commissioner (Appeals)].

 (1) The appellant shall not be entitled to produce before the 42[Deputy Commissioner (Appeals)], 46a[or, as the case may be, the Commissioner (Appeals)] any evidence, whether oral or documentary, other than the evidence produced by him during the course of proceedings before the 47[Assessing Officer], except in the following circumstances, namely :—

(a)         where the 47[Assessing Officer] has refused to admit evidence which ought to have been admitted; or
(b)        where the appellant was prevented by sufficient cause from producing the evidence which he was called upon to produce by the 47[Assessing Officer]; or
(c)         where the appellant was prevented by sufficient cause from producing before the 48[Assessing Officer] any evidence which is relevant to any ground of appeal; or

(d)        where the 48[ Assessing Officer] has made the order appealed against without giving sufficient opportunity to the appellant to adduce evidence relevant to any ground of appeal.

(2) No evidence shall be admitted under sub-rule (1) unless the 49[Deputy Commissioner (Appeals)] 50 [or, as the case may be, the Commissioner (Appeals)] records in writing the reasons for its admission.

(3) The 49 [Deputy Commissioner (Appeals)] 50 [or, as the case may be, the Commissioner (Appeals)] shall not take into account any evidence produced under sub-rule (1) unless the 48[Assessing Officer] has been allowed a reasonable opportunity—

(a)        to examine the evidence or document or to cross-examine the witness produced by the appellant, or

(b)        to produce any evidence or document or any witness in rebuttal of the additional evidence produced by the appellant.
(4) Nothing contained in this rule shall affect the power of the 49[Deputy Commissioner (Appeals)] 50[or, as the case may be, the Commissioner (Appeals)] to direct the production of any document, or the examination of any witness, to enable him to dispose of the appeal, or for any other substantial cause including the enhancement of the assessment or penalty (whether on his own motion or on the request of the 48[Assessing Officer]) under sub-section (5) of section 23 or the imposition of penalty under section 18.]

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