TaxTMI 
TaxTMI 
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?
evidence of hand written diaries
27 Aug 2010 
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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. (AI Summary)
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. (AI Summary)