evidence of hand written diaries

[Kuntinath Hangande]

at the time of search u/s 132 seized hand written diary is, and oath statements but some figures are variation in the actual figures as per books of a/cs,the hand written diary figures are estimated / expected figures ,as per books of a/cs recived amount is lower than hand written diary and oath statments. Is diary figures or actual a/c figues are conclusive evidence? Is any SC case for uphelding the a/c figures are conclusive figures and not diary or oath statment during the search?

AI Summary

Evidentiary Value of Handwritten Diaries in Income Tax Searches: Burden of Proof Under Sections 132(4A) and 292C A discussion on the evidentiary value of handwritten diaries during an income tax search under section 132. The query raised concerns about discrepancies between diary figures and actual account figures, questioning which should be considered conclusive. The response explained that under section 132(4A), documents found during a search are presumed true unless rebutted by the assessee. Section 292C, similar to 132(4A), was introduced to counter a Supreme Court judgment, placing the burden on the assessee to prove diary figures as estimates. The applicability of court judgments depends on the specific facts of each case.