TaxTMI 
TaxTMI 
TaxTMI 
2022 (3) TMI 753
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....having its Registered office at 42P, Raja Santosh Road, Kolkata-700027, (hereinafter referred as the Corporate Debtor). 3. It is submitted that the Operational Creditor had supplied Computer Software, SAP and other Software Components to the Corporate Debtor for the invoice no. SIDEL 1000139 dated 31.08.2017 for Rs. 7,41,050,/-, invoice no. SIDEL 1000184 dated 31.08.2017 for Rs. 1,22,086/-, invoice no. SIDEL 1000862 dated 30.12.2017 for Rs. 75,168/-, invoice no. SIDEL 1000863 dated 30.12.2017 for Rs. 1,68,744/-, invoice no. SIDEL 1000864 dated 30.12.2017 for Rs. 1,79,249/-, invoice no. SIDEL 1001071, dated 31.12.2017 for Rs. 71,759/- and invoice no. SIDEL 1000972 dated 31.12.2017 for Rs. 5,83,940/- were issued as per the terms and conditions contained in the said invoices. 4. It is submitted that the Corporate Debtor had made some part payments and thereafter a balance sum of Rs. 12,79,433/- (Rupees Twelve Lakhs Seventy Nine Thousand Four Hundred Thirty Three only) became due and payable by the Corporate Debtor along with the agreed interest @ 24% per annum. It is submitted that despite promise and assurances made by the Corporate Debtor to make the above balance payment to the O....
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....reply to the petition, the Corporate Debtor through its Director Sri Angshuman Basu, submitted that Corporate Debtor has already paid the invoice issued by the Operational Creditor as mentioned in the said application and that the application filed by the Operational Creditor is 'an abuse of process of law' and to take undue gain from the Corporate Debtor. It is submitted that the Operational Creditor has suppressed the fact of payment of operational debt and further advance payment to Operational Creditor in first week of February, 2018, a part of which was returned later on 22.02.2018. The Corporate Debtor annexed bank statement as the proof of the payment along with advance/excess payment. It is denied by the Corporate Debtor that Operational Creditor has a debt of Rs. 12,79,433/- against the Corporate Debtor. In Paras 4 and 5 of the reply affidavit, the Corporate Debtor has submitted as under:- "4. With reference to PART (IV) of the Application, it is denied and disputed that the Operational Creditor has a debt of Rs. 12,79,433/- against the Corporate Debtor. It is stated that since 2013, majority of the clients of Corporate Debtor were engaged in the business of sale....
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....puted. It is submitted that the Applicant is not entitled for any relief as prayed for in the instant application or at all." 10. In Supplementary Affidavit filed by the Corporate Debtor, it is submitted that the detailed Bank Statement with respect to the payments made to the Operational Creditor has already been annexed at pages 80 to 84 of the main petition. It is further submitted by the Corporate Debtor that the Operational Creditor had raised total invoice of Rs. 19,41,996/- as stated in the petition and in respect of the said invoice, the Corporate Debtor has made a payment in the following ways:- "(a) An amount of Rs. 14,83,232/- through Bank Account transfer. A copy of proof of payments are already attached. (b) An amount of Rs. 17,201.83/- towards payment of TDS by Corporate Debtor. (c) An amount of Rs. 5,17,486/- is adjusted towards the expenses made for Marketing Development Funds(MDF) by the Operational Creditor on behalf of the Corporate Debtor as and when requested and raised the respective invoices through email to the Operational Creditor. Copies of said invoices are already attached at page no. 64 to 79 of the main petition and the chart towards the payment....
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....hannels. It is submitted by the Corporate Debtor that a sum of Rs. 14,82,232.00/- was paid through adjustments towards agreed Marketing Development Funds as received from SAP (Rs. 5,37,793.83) and TDS Rs. 17,201.83. The following Tabular chart would show Invoice wise payment made to the Operational Creditor by the Corporate Debtor; 14. The Corporate Debtor had further submitted that it had incurred expenses for Marketing Development Events, held Awareness Program on behalf of the Operational Creditor, with an understanding that expenses will be incurred by SAP and will be paid through its distributor in India i.e. Operational Creditor.(Email Conversation along with the detail of expense attached in pg-35 (for Rs. 111700), Page 36 (For Rs. 155970), Page-38 (For Rs. 137116) and Pg-44 (For Rs. 112500) of the Reply. The same is an admitted facts and was never disputed by Operational Creditor either in Demand Notice or in Instant Petition. 15. The Corporate Debtor further submitted that these facts have been admitted and have never been disputed by the Operational Creditor either in Demand Notice or in the petition. 16. That in the aforesaid chart invoice Nos. SIDEL1000139, SIDEL1000....