2022 (7) TMI 576 - Tri - Insolvency and Bankruptcy

Seeking direction to Resolution Professional to accept the claim of reimburse of service tax amount along with interest - seeking direction to Resolution Professional to accept the claim of balance payment of the executed work along with interest - HELD THAT - In the absence of documents sought by the Resolution Professional, the Resolution Professional is right in saying it was not possible for him to grant any claim that has been rejected. There are no error as such by the Resolution Professional. Application dismissed.

Summary

Issues Involved:
- Claim for reimbursement of service tax amount with interest
- Claim for balance payment of executed work with interest
- Dispute regarding payment of dues by Corporate Debtor
- Allegations by Resolution Professional of lack of supporting documents for claims
- Resolution Professional's refusal to grant claims without proper documentation

Analysis:
1. Claim for Reimbursement of Service Tax Amount with Interest:
- The applicant sought direction from the Tribunal for the Resolution Professional to accept the claim for reimbursement of service tax amount along with interest. The applicant contended that the service tax was paid, but the Resolution Professional alleged lack of supporting documents. The Tribunal found that the Resolution Professional could not grant claims solely based on assertions without proper documentation. The Tribunal directed the Resolution Professional to accept a total claim with interest, emphasizing the need for supporting documents.

2. Claim for Balance Payment of Executed Work with Interest:
- Another claim was made by the applicant for the balance payment of the executed work along with interest. The applicant stated that despite completing the work to the satisfaction of the Corporate Debtor, the balance dues were not paid. The Resolution Professional requested additional information and supporting documents, which the applicant failed to provide. The Tribunal noted that without the necessary documents, the Resolution Professional was justified in rejecting the claim. The Tribunal upheld the decision to reject the claim due to lack of supporting evidence.

3. Dispute Regarding Payment of Dues by Corporate Debtor:
- The applicant highlighted the completion of work and non-payment of dues by the Corporate Debtor. The Tribunal acknowledged the applicant's contention but emphasized the importance of providing supporting documents to substantiate the claims. The Tribunal noted that the works were executed in 2015, and the claims were raised without adequate documentation, leading to the rejection of the claims by the Resolution Professional.

4. Allegations of Lack of Supporting Documents by Resolution Professional:
- The Resolution Professional alleged that the applicant failed to provide essential documents despite multiple requests. The Resolution Professional's decision to reject claims was based on the absence of supporting evidence. The Tribunal supported the Resolution Professional's stance, stating that without the necessary documents, claims could not be granted.

5. Resolution Professional's Refusal to Grant Claims Without Proper Documentation:
- The Tribunal concluded that the Resolution Professional acted correctly in refusing to grant claims in the absence of proper documentation. Emphasizing the importance of supporting documents, the Tribunal upheld the rejection of the claims due to the lack of evidence. The Tribunal rejected the application based on the findings regarding the insufficiency of supporting documents and upheld the Resolution Professional's decision.

This detailed analysis of the judgment provides insights into the issues raised, the contentions of the parties involved, and the Tribunal's reasoning behind the decision to reject the application.