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TMI Blog2018 (11) TMI 1954X X X X Extracts X X X X X X X X Extracts X X X X ..... getting the accounts audited. This Court further finds that the requirement as per Condition No. 5 was to consider the turnover for last three years of Rs. 1.50 Crore and if the petitioner-firm had the turnover in last three years of 1.50 Crore, the same could not be related to the condition of audited balance-sheets. The plea of the respondents that even if the turnover is less than One Crore but it exceeds to 1.50 Crore in the last three years, the same is required to be audited, this Court finds no substance in the arguments raised by counsel for the respondents, as it runs contrary to the requirement of Section 44 (A)(B) of the Income Tax Act, 1961. This Court finds that if the procuring entity prescribes a condition to be fulfilled by the bidder, such condition had to be in consonance with the requirement of law. The Income Tax Act, 1961 has prescribed the minimum turnover for getting the accounts audited, the procuring authority cannot interprete and put such a condition to insist upon getting the accounts audited even if some assessee/businessmen who has a turnover of less than one crore in a particular year. This Court finds little substance in the submission of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e agriculture produce in ware houses and it was provided in the advertisement that the fees will be given to the persons @ Rs. 20/- per quintal for the purpose of handling and transportation of goods and accordingly the panel of firm/transporter/contractor was to be prepared. The detailed conditions of tender notice was available on official website of Government Portal and also official website of Rajasthan State Cooperative Marketing Federation Ltd. (RAJFED). Petitioner has pleaded that respondents issued another advertisement amending the earlier advertisement and the last date of submission of the form was extended up to 31st October, 2018. The relevant clause for the purpose of deciding the present writ petition is Clause 5 in the amended advertisement and the same is reproduced hereunder:- Petitioner has pleaded that after finding the firm to be fully eligible to be registered, the petitioner-firm filled in the application and submitted the same to the respondents along with security deposit of Rs. 1,00,000/- and Rs. 6,000/- as fees through Demand Drafts. The petitioner-firm also annexed the balance-sheets of three preceding years. The balance-sheets filed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant clause of Section 44AB is reproduced hereunder:- 44AB:- Every person, (a) carrying on business shall, if his total sales, turnover or gross receipts, as the case may be, in business exceed or exceeds one crore rupees in any previous year; or (b) carrying on profession shall, if his gross receipts in profession exceed [fifty] lakh rupees in any previous year; or (c) carrying on the business shall, if the profits and gains from the business are deemed to be the profits and gains of such person under section 44AE or section 44BB or section 44BBB, as the case may be, and he has claimed his income to be lower than the profits or gains so deemed to be the profits and gains of his business, as the case may be, in any previous year; or (d) carrying on the [profession] shall, if the profits and gains from the [profession] are deemed to be the profits and gains of such person under section 44ADA and he has claimed such income to be lower than the profits and gains so deemed to be the profits and gains of his profession and his income exceeds the maximum amount which is not chargeable to income-tax in any previous year; or (e) carrying on the business shall, if the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t being carried out, the respondents have acted arbitrarily in rejecting the empanelment of the petitioner-firm. Counsel for the respondent-Mr. Bhuvnesh Sharma has submitted that respondents have not committed any illegality by rejecting the empanelment of the petitioner-firm as the total turnover of the petitioner was Rs. 1.58 Crore but such accounts of the petitioner-firm was not audited and as such the respondents were justified in insisting for compliance of the tender conditions. Counsel has further drawn the attention of this Court towards para 11 of the reply wherein it has been asserted that petitioner failed to produce the audited balance-sheets and therefore his application could not be processed. Counsel further submitted that once condition of the audited balance-sheets for last three preceding years was prescribed, every applicant or the bidder was to specify the said condition and the condition cannot be termed as arbitrary. I have heard the submissions made by learned counsel for the parties and perused the material available on record. This Court finds that the requirement of audit of accounts is to be governed by the provisions contained in Section 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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