Section 42D:
Presumption as to assets, books of account, etc.
1,2
(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.
3
(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.
Notes:
1. Ins. by Act 22 of 2007, s. 93 (w.r.e.f. 1-10-1975).
2. Section 42D renumbered as sub-section (1) thereof by Act 18 of 2008, s. 67 (w.r.e.f. 1-10-1975).
2. Ins. by Act 18 of 2008, s. 67 (w.r.e.f. 1-10-1975).