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5.3 In the case of CBI Vs. V.C. Shukla reported in 172 ITR 250[SC] certain diaries, small note books and various loose papers were fuond and seized from the premises of Mr. S.K. Jain. In those diaries/ loose papers, the name of V.C. Shukla and L.K. Advani were found recorded. The CBI Charge sheeted those persons, namely Shri Shukla and Shri Advani under the Prevention of Corruption Act, 1988. The Hon'ble Apex Court held that the entires in those diaries/ loose papers cannot be used against Shri Shukla or Shri Advani but can be used against Shri Jain and may be proved as admission by him. The ratio of this judgment is appliable in Income tax cases as well.