Clause 277 - Presumption as to material found - Direct Taxes Code Bill, 2009

Presumption as to material found 277. (1) For the purposes of any proceeding under this Code, where any material found in the possession, or control, of any person in the course of a search under section 139 or survey under section 144, it shall be presumed that- (a) the material belongs to such person; (b) the contents of the material, being books of account and other documents, are true; (c) the signature and every other part of the books of account and other documents which purport to be in the handwriting of any particular person, or which may reasonably be assumed to have been signed by, or to be in the handwriting of, any particular person, are in that person's handwriting; and (d) a document which purport to be stamped, executed or attested, it was duly stamped and executed or attested by the person by whom it purports to have been so executed or attested. (2) The presumption under sub-section (1) shall also apply to a case, where any materail has been delivered to the requisitioning officer in accordance with the provisions of section 140 as if they had been found in the possession, or control, of the person referred to in section 140.