Assessee sold a property and derived long-term capital gain . During search, diary of a third party was seized from residence of assessee .  This diary had notings which showed an amount of Rs. 1.15 crores as sale consideration . Assessing Officer held that in registered sale deed, total consideration was shown at Rs. 29.50 lakhs .  By making presumption as per section 292C, he considered sale consideration shown in diary as actual consideration and made additions accordingly.  Order of Assessing officer  was affirmed by CIT (A) . On appeal the Tribunal held that there was nothing on record to suggest that assessee had underestimated value of property and violated circle rate as prescribed by government .  Even diary admittedly did not belong to assessee and noting of same were also not in handwriting of assessee.  Furthermore, entry recorded in diary qua amount of sale was not confirmed from buyers of property . Since Assessing Officer had drawn presumptions only on basis of  notings of diary without making independent exercise; and entry found in diary was without any corroborative evidence and had no authenticity, no additions could be made.  (AY. 2009 -10 )