Common Cause (A Registered Society) and Ors. v. UOI AIR (2017) 394 ITR 220 / 245 Taxman 214 (SC)/ (2017) 11 SCC 731 / 2017 SUPREME COURT 540

Indian Evidence Act 1872.

S.34: Books of Accounts – Entries in Loose papers – Incriminating materials seized in raids conducted on industries – Not maintained in the regular course of business – Not Admissible [Criminal Procedure Code (2 of 1974), S. 156 Income -tax Act 1961 S. 2(13) ].

There was a raid on some industries by the C.B.I., followed by another raid by the Income tax department, which reportedly led to recovery of incriminating documents.

The Court stated that loose sheets of papers should be in the form of “Books of Accounts”. While defining the term ‘books of accounts’, it stated that entries in loose papers/sheets are irrelevant and not admissible under Section 34 of the Evidence Act, and that, a book is a book of account and they should be regularly kept in the course of business.

The Court also stated that the value of entries in the books of account shall not alone be sufficient evidence to charge any person with liability, even if they are relevant and admissible. They are only corroborative evidence. It is incumbent upon the person relying upon those entries to prove that they are in accordance with the facts.

It was held that loose sheets of papers are wholly irrelevant as evidence being not admissible under Section 34 so as to constitute evidence with respect to the transactions mentioned therein having no evidentiary value.