Question juridique clé
Whether evidence submitted only at the appeal stage may be excluded under § 147(2) aStG without a prior warning in the objection proceedings.
Solution extraite
No. The evidence exclusion does not apply unless the taxpayer was expressly warned of that consequence in the objection proceedings.
Motifs extraits
The sanction requires formal prerequisites: the evidence must be relevant and clearly requested, and the taxpayer must be timely warned in the objection proceedings. A warning given only during the assessment stage is insufficient for later instances. Because no formal warning was issued in the objection proceedings, the late-filed documents had to be considered.