10[Presumption as to assets, books of account, etc.
42D. 11[(1)] Where any books of account or other documents, articles or things including
money are found in the possession or control of any person in the course of a
search under section 37A, it may, in any proceeding under this Act, be presumed
that—
(i) such books
of account or other documents, articles or things including money belong to
such person;
(ii) the
contents of such books of account or other documents are true; and
(iii) the
signature and every other part of such books of account or 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 in the case of a
document stamped, executed or attested, that it was duly stamped and executed
or attested by the person by whom it purports to have been so executed or
attested.]
12[(2) Where any
books of account, other documents or assets have been delivered to the
requisitioning officer in accordance with the provisions of section 37B, then,
the provisions of sub-section (1) shall apply as if such books of account,
other documents or assets which had been taken into custody from the person
referred to in clause (a)
or clause (b) or clause (c), as the case may be, of sub-section
(1) of section 37B, had been found in the possession or control of that person
in the course of a search under section 37A.]
