Clause 311 - Presumption as to material found. - Direct Taxes Code, 2010

Presumption as to material found. 311. (1) Where any material found in the possession, or control, of any person in the course of a search under section 135 or survey under section 141, may, in any proceeding under this Code be presumed that— (a) the material belongs to such person; (b) the contents of the material, being books of account and other documents, 35 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 is stamped, executed or attested, 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 material has been delivered to the requisitioning officer in accordance with the provisions of section 136 as if they had been found in the possession or control of the person referred to in section 136.