Evidentiary value of computerized tax invoice in a suit for recovery of dues
rohit jaiswal
(Querist) 11 March 2013
This query is : Resolved
My client is manufacturer and seller of Oxygen gas for medical and industrial purpose. He sold many Oxygen cylinders to a hospital at different times on different orders and computerized bills (tax invoice) were raised by my clients accountant but the purchaser has neither paid its consideration amount nor returned empty cylinders. I sent him a legal notice and demanded money as well as empty cylinders but purchaser denied it. Now my client has no other document except those computerized bills(tax invoice). I want to know that what is evidentiary of those Computerized bills(tax invoice)and whether it will be sufficient if supported by oral evidence ?
ajay sethi
(Expert) 11 March 2013
has the hospital acknowledged receipt of the oxygen cylinders . ? when your cleint delivered cylinders endporsement must have been made of receipt of the cylinders .
if you have the receipt you are safe and can file a recovery suit
Raj Kumar Makkad
(Expert) 12 March 2013
Your similar query has already been resolved so refer to those replies instead of raising it afresh.
prabhakar singh
(Expert) 12 March 2013
You were elaborately advised.After all i can not write any judgement for your client,and nothing can be more as advise.
rohit jaiswal
(Querist) 12 March 2013
@ Prabhakar Singh & Raj Kumar Makkad
Sir,
I posted same query in two categories at same time but I am sorry if i have caused you any inconvenience.
rohit jaiswal
(Querist) 12 March 2013
@ajay Sethi
Sir,
Hospital is not acknowledging it.
Raj Kumar Makkad
(Expert) 12 March 2013
If hospital has not acknowledged the delivery, it shall become very difficult for you to establish the actual supply of the goods even though there are mails seeking supply but desire and actual implementation are two different things.
prabhakar singh
(Expert) 12 March 2013
THEN ENTRIES IN YOUR BOOKS EVEN MADE IN ORDINARY COURSE OF BUSINESS CAN NOT FASTEN LIABILITY ON OTHER SIDE UNLESS YOU HAVE CORROBORATIVE EVIDENCE ,MAY BE RIKSHAWALA,TEMPOWALA WHO DELIVERED BUT UNSIGNED DELIVERY WOULD YET BE WEAK EVIDENCE.
