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?

[Darshan Jain]

In accordance with s.132(4A), if any document is found in the course of a search, then by legal fiction, it is presumed that the contents of the document are true. However, such presumption is obviously rebuttable by the assessee. S. 292C similar to s.132(4A), is also inserted by FA, 2007 w.r.e.f 1.10.75, to reverse the judgment of Hon. SC in P R Metrani 287 ITR 209. It is due to operation of the presumption that the onus is on the assessee to prove that the figures in the diary are estimated / expected figures and not conclusive evidence. Application of judgment of court would depend on the peculiar facts of each case.

AI Summary

Presumption of truth for seized documents places burden on the assessee to rebut diary entries with accounting evidence. Seized handwritten diaries and oath statements are accorded a statutory presumption of truth when found during search, placing the burden on the assessee to rebut the entries as estimated or expected figures rather than conclusive accounting figures; a subsequently inserted provision similarly creates such a presumption intended to address earlier judicial authority, and application depends on the facts and evidence presented.