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Section 42D – The Wealth-Tax Act, 1957

The Wealth-Tax Act, 1957

 

 

42D. Presumption as to assets, books of account, etc :-

 

1[42D. Presumption as to assets, books of account, etc :-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.]

 

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1. Ins. by Finance Act, 2007, sec. 93 (w.r.e.f. 1-10-1975).

 

2. Section 42D re-numbered as sub-section (1) thereof by the Finance Act, 2008, sec. 67 (w.r.e.f. 1-4-2008).

 

3. Ins. by the Finance Act, 2008, sec. 67 (w.r.e.f. 1-10-1975).

 

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The Wealth-Tax Act, 1957

 

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