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2022 (6) TMI 494 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - HELD THAT:- All the debit notes are entered in the ledger account based on which the Goods & Service Department had issued two different show cause notices to the corporate debtor demanding differential input-tax credits availed on the basis of the invoices of the applicant. Further, the applicant had sent incorrect accounts by email dated 30.11.2018, 06.12.2018 and 13.12.2028 asking the respondent to confirm the same. The corporate debtor had categorically denied to accept the said accounts and in reply to various emails of the applicant, corporate debtor had raised dispute. It is clear that a dispute was in existence prior to issuance of the statutory demand notice under Section 8 of the Code. There is sufficient evidence to prove the pre-existence of dispute. Hon’ble Supreme Court held in the matter of Mobilox Innovative Private Limited vz. Kirusa Software Private Limited [2017 (9) TMI 1270 - SUPREME COURT] that in case of genuine dispute raised by the corporate debtor, the application cannot be admitted The instant application cannot be considered for admission and needs to be rejected.
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