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292C

ITA 1961 · Section 292C

Section 292C — Presumption: Search-Found Documents

Chapter XXIII — MiscellaneousITA 1961Up to AY 2026-27

STATUTORY ARCHITECTURE — 18-ROW MAP

Function in the statutory architecture

Section 292C creates presumptions about material found during a search under s. 132 or a survey under s. 133A. Where books of account, other documents, money, bullion, jewellery or other valuable article or thing are found in the possession or control of any person, it may be presumed in any proceeding under the Act that they belong to that person, that the contents of the books and documents are true, and that signatures and handwriting are of the person whose they purport to be, and that a stamped, executed or attested document was duly stamped, executed or attested.

The same presumptions apply where books, documents or assets are delivered to the requisitioning officer under s. 132A, as if they had been found in the possession or control of that person in a search.

Operative consequences

  • The burden shifts to the person in whose possession the material was found to rebut ownership, truth of contents or handwriting.
  • The presumptions are permissive ("may ... be presumed"), not conclusive.
  • The presumptions are available in any proceeding under the Act, not only the search assessment.

Status

Section 292C is operative for assessment year 2026-27. It is not time-limited. The Finance Act, 2026 did not amend this section.

The 1961 Act governs assessment year 2026-27 and earlier; the Income-tax Act, 2025 governs tax year 2026-27 onwards. For this subject the 2025 Act provision is s. 524.

Case law on Section 292C

ITAT, High Court and Supreme Court judgments applying this section, on BharatTax.net, our income tax case law search.