summon income tax department

kanti kumar (Querist) 26 November 2010 This query is : Resolved
what is the option left when the plaintiff want to summon defendent income tax return which is 15 to 20 years old from now, the plaintiff has all the photocopies of defendent tax return , and the department says that they had destroyed the said documents so what a plaintiff can do defendent will never put this document before court as it is against them, so please help me in which way the said document can be exhibited and the photocopy be used as secondary evidence as the original are destroyed by the department is there any judgement on this
thanks in advance ..

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Khaleel Ahmed (Expert) 26 November 2010
No photo copy can be used as secondary evidence.

Arvind Singh Chauhan (Expert) 26 November 2010
No judgment required. These can be used as secondary evidence and can be exhibited through calling IT department authorities, that these copies are of IT department's record which has been destroyed.