24 February 2011
am investigating a case. The issue is whether a cheque is singed on a back date and given to the Comany's authorised signatory by obtaining his bak dated acknowledgement. Usually , the authroised signatories of a company dealing with Government offices give such back dated acknowledgement in regard .
My question is , In the instant case , a cheque bears a date of 10-01-2011 and it is actually received on 15-01-2011 by the Company 's authorised signatories by giving back dated acknowledgement of 10-01-2011 to the Government officer who is late in timely giving the refund in time and 10-01-2011 being the last date of the refund (Since three months expires form the date of export refund claim ).In such sitution, the cheque is prepared on 15-01-2011, however, the date 10-01-2011 is put on the cheque and it is singed and then it is handed over to the Company by way of requesitng the authorised signatory on 15-01-2011 to acknowlede the cheque on a back date i.e 10-01-2011.
In view of these , whether as per the comanies act (section 209 or others ) or the accouting standards, the receipt of the cheque is to be taken on books of account invariably on the date of receipt it self or say the receipt of cheque can be taken on books of accounts after say 15 or 30 days - I mean whether there is statutory provisons as to the receipt of cheque must be taken on books of account on the day on which it is received in the company or otherwise.
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