TMI Blog2018 (9) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... be entitled to cite this order, whether before the appellate authority or before the sales-tax authorities, for the purpose of an early resolution of the respondent’s claim for refund or adjustment based on the C-Forms being belatedly filed. If the refund is allowed, the quantum of security furnished by the appellant in terms of this order with the Registrar, Original Side will stand reduced to such extent and such amount will be refunded by the Registrar to the appellant herein on the basis of this order. Since the company petition is returnable before the company Court on August 28, 2018 in terms of the advertisements published, the company Court will be free to direct the appellant herein to make payment of the admitted amount in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 83,29,206/- for which the petition has been admitted includes a sum of ₹ 75,85,179/- on account of 11 invoices and a sum of ₹ 7,44,027/- on account of non-furnishing of C-Forms. As far as the C-Forms are concerned, the appellant produces the same and says that since there was a dispute between the parties as to the quality of the goods supplied by the respondent, the appellant had not made over the C-Forms. The respondent submits that on account of such C-Forms and the failure on the part of the respondent to furnish the same, the respondent has been penalised by the sales-tax authorities and instead of the original sum of ₹ 7,44,027/-, the respondent was assessed to be liable to pay an amount in excess of ₹ 12 lakh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent on notice. The company Court completely disbelieved the defence, whether of shortage of supply or of the inferior quality of the goods supplied. The company Court noticed that it was only in response to the statutory notice of April 9, 2015 that the appellant purported to contend for the first time in its letter of April 27, 2015 that certain debit notes were apparently raised by the appellant on the respondent in the year 2014. The company Court found no corroboration of such debit notes from any other admitted correspondence and not even any reference to such alleged debit notes. The company Court reasoned that since a post-dated cheque for ₹ 25 lakh bearing the date of March 31, 2015 was issued without referring to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y notice of demand, instituted a suit to claim that there was no money due or payable to the petitioner, it did not imply that the company had a bona fide defence or that the winding-up petition that the petitioner carries to the company Court would not be looked into on merits. The order impugned, insofar as such aspect of the matter is concerned, cannot be flawed. Merely because a recalcitrant company seeks to ward off its winding-up by instituting a suit to dispute the dues claimed in a statutory notice, the company Court would not be impeded in considering the matter on merits or making an order of winding-up notwithstanding the pendency of the suit, if the debt is found to be due and owing. On a reappraisal of the factual position o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,44,027/- have been carried by the appellant to this Court, the appellant is permitted to make over the same to advocate for the respondent. It is recorded that the C-Forms have been made over to advocate for the respondent in Court. The respondent will now apply before the appropriate authorities for refund of any amount that the respondent may have paid. It will also be open to the respondent to rely on such C-Forms as made over by the appellant today before the appellate authority where the appeal is pending. The respondent will be entitled to cite this order, whether before the appellate authority or before the sales-tax authorities, for the purpose of an early resolution of the respondent s claim for refund or adjustment based on the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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