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TMI Blog2022 (7) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... the question of loss or profit interest etc. This Tribunal in its summary jurisdiction can in no way go into crystallizing the alleged claims. It is clear from the above position the works were executed somewhere in 2015 and the claims have been raised for the first time before the Resolution Professional and that too, as observed by Resolution Professional, without the required documents in support. 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. X X X X Extracts X X X X X X X X Extracts X X X X ..... mpleted within time the bonus will not be paid. Minutes of the meeting are annexed as Annexure-5. v. The applicant completed the work satisfactory and outstanding amount statement was prepared on 17th of December, 2014. In the service order it was mentioned that the service tax will be paid under composition extra on the awarded work. The Corporate Debtor has not given the service tax extra on the awarded work and also deducted service tax from running bill of the applicant. The Corporate Debtor has violated the terms and conditions of the service order and the Finance Act, 1994. vi. The Corporate Debtor has submitted the payment certificate to the applicant, the details of which along with the amount are mentioned in Para 10 of the ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th villagers/farmers or ROW works for all towers. b. Copy of villager payment receipts. c. Copies of invoices raised by applicant on the Corporate Debtor as per the terms of contract. d. Any other supporting document. 4. The Resolution Professional in para 1 at internal page 4 of his reply has stated that after verifying records from the Corporate Debtor's books sent an e-mail to applicant on 1st of September, 2020 informing the various form B filed by applicant on his behalf as well as PCC Construction Company and the status of the claim as verified by respondent, excerpted in this paragraph in the tabular form. In paragraph 'm' of reply affidavit it is mentioned by the Resolution Professional that the status of claims p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion Professional could not have granted anything merely based on the assertion on a particular amount against a particular head and without any supporting documents thereto. ii. The applicant has also submitted written notes of submissions and has stated in the context of Service Tax dues the proof of the said payment would be available with the Corporate Debtor and therefore contention of respondent that applicant has not provided any supporting document is without any justification and it is for the respondent to produce the detailed statement along with supporting documents by which mode and when the payment was made. Therefore respondent be directed to accept a total claim of 2,14,24,617/- along with 15% interest. iii. This Adjudica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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