Showing posts with label accounting. Show all posts
Showing posts with label accounting. Show all posts

Wednesday, 22 November 2017

When book which contains successive entries of items can not be treated as account book?

 In Mukundram (supra) after dealing with the word 'book' (to which we have earlier referred) the Court proceeded to consider what is meant by a 'book of account' under Section 34 and stated as under:

"To account is to reckon, and I an unable to conceive any accounting which does not involve either addition or subtraction or both of these operations of arithmetic. A book which contains successive entries of items may be a good memorandum book; but until those entries are totalled or balanced, or both, as the case may be, there is no reckoning and no account. In the making of totals and striking of balances from time to time lies the chief safeguard under which books of account have been distinguished from other private records as capable of containing substantive evidence on which reliance may be placed."

(emphasis supplied)

28. We have no hesitation in adopting the reasoning adumbrated in the above observations. The underlined portion of the above passage supports the contention of Mr. Altaf Ahmed and rebuts that of Mr. Sibal that Mr 71/91 is only a memorandum, for the entries made therein are totalled and balanced. We are, therefore, of the opinion that MR 71/91 is a 'book of account' as it records monetary transactions duly reckoned.

IN THE SUPREME COURT OF INDIA

Crl. A. Nos. 247-256 of 1998 (arising out of SLP (Crl.) Nos. 1716-1725 of 1997

Decided On: 02.03.1998

Central Bureau of Investigation Vs.V.C. Shukla & Ors.

Hon'ble Judges/Coram:
M.K. Mukherjee, S.P. Kurdukar and K.T. Thomas, JJ.
Citation: AIR 1998 SC 1406
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