M/S. Foresight Automation Products Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, CPC - TDS, Ghaziabad
In the result, appeal by the assessee is allowed
ITA 2090/BANG/2019[2018-19]Status: DisposedITAT Bangalore11 Sept 2020AY 2018-19
Bench: Shri N. V. Vasudevan & Shri Chandra Poojariassessment Year : 2018-19
For Appellant: Smt.R.Pratibha, AdvocateFor Respondent: Smt.R.Premi, JCIT (DR) ITAT
Section 138Section 201Section 201(1)Section 234C
…nts Act, 1881. Sections 10 and 82 of the said Act clearly say that once the cheque is encashed in the ordinary course, it will discharge the drawer from payment. The Supreme Court, in the case of K. Saraswathy v. P.S.S. Somasundaram Page 4 of 7 Chettiar[1989] 4 SCC 527 while considering the provisions of sections 10 and 82 of the Negotiable Instruments Act, 1881, held that the payment by cheque should be taken to be due payment if the cheque is subsequently encashed in the ordinary course.Therefore, the Parliament, in its wisdom, enacted the Negotiable Instruments Act to regulate and manage the transactions throu…