Deem Roll Tech Ltd. v. Dy. CIT (2020) 81 ITR 82 (SN)(Ahd) (Trib)

S. 68 : Cash credits – Journal entry – Share application money — Cheques neither presented nor encashed in accounting year- Addition cannot be made .

Tribunal held that the cheques were neither presented nor encashed in the accounting year relevant to the assessment year. The date of issuance of cheque was immaterial. Thus, the assessee had not received any money on account of share application during the accounting year relevant to the assessment year 2013-14, and it was a notional receipt only. The assessee had just passed the journal entry and ultimately the share application money was received in the subsequent year, i. e., assessment year 2014-15. Therefore, no inquiry could be made in this year.  As no amount in the real sense had been found to be credited in the accounts of the assessee for the assessment year 2013-14 and if that be so, there was no need to examine this evidence, i. e., confirmation, capacity and genuineness of the 28 applicants. The addition was not sustainable in the assessment year 2013-14 and was deleted.( AY.2013-14)