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 Income Tax Addition Made Towards Unsubstantiated Share Capital Is Eligible For Section 80-IC Deduction: Delhi High Court

State Board Of Technical Education And Training, Ranchi, Jharkhand
January, 07th 2019
     JHARKHAND UNIVERSITY OF TECHNOLOGY,
                   RANCHI



                    NOTICE INVITING TENDER


     FROM CHARTERED ACCOUNTANT FIRMS FOR
             ACCOUNTING SERVICES



JHARKHAND UNIVERSITY OF TECHNOLOGY, RANCHI (JUT) invites tender
from chartered Accountant Firms for GST Consultancy and Accounting services
mentioned in the scope of work for the financial year 2018-19, which may further be
extended for two years (on a yearly basis) on satisfactory completion of the work.


 .
                      TABLE OF CONTENTS
                                                    Page No.

1                       Brief terms                    1


2                   Terms of Reference


    2.2            Schedule and Scope of work         2-2


    2.3            Time Period and Execution          3-3


    2.4              Prequalification Criteria        3-3


    2.5                  Payment Terms                4-4



3         Submission and Evaluation of the Tender


    3.1               Submission of Tender            4-4


    3.2              Earnest Money Deposit            5-5


    3.3                   Pre-Meeting                 5-5


    3.4         Last Date of Submission of Tender     5-5


    3.5             Date of opening of Tender         5-5


    3.6               Evaluation of Tender            5-5

4                       Annexures                     6-11
1) Brief Terms


 Tender Number and Date


                                                  Tender Document can be downloaded from the,
                                                  website- www.sbtejharkhand.nic.in

 Issue of Tender Forms


                                                  Earnest money of Rs.10,000/- (Rupees Ten
                                                  Thousand only) to be deposited along with the Tender
                                                  Documents in the form of Demand Draft favoring
 Earnest Money Deposit (EMD)                      "JHARKHAND UNIVERSITY OF
                                                  TECHNOLOGY, RANCHI" payable at Ranchi
                                                  issued by any Nationalized/Scheduled Bank.
                                                  Earnest money is refundable.


 Last Date of Submission of Tender                19.01.2019 up to 03:00 PM

 Opening of Tender ( Pre- qualification Bid
                                                  21.01.2019 at 03:00 PM.
 evaluation )


                                                  Registrar, JUT
 Contact Person



                                                  Jharkhand University of Technology, Science &
 Contact Address                                  Technology Campus, Sirkha Toli, Namkum,
                                                  Ranchi-834010

 Website                                          www.sbtejharkhand.nic.in




                                              1
 SCHEDULE AND SCOPE OF WORK

The CA firm shall be responsible for total maintenance of all Accounting and financial records of the
JUT and doing all legal & statutory compliances in respect of Accounts, Service Tax, Goods and
Service tax, Income Tax and others. The CA firm shall also make accounts of the JUT for yearly audit
purpose as may be required, for submission to the statutory auditors. The CA firm shall also compile the
Annual Accounts and get the same audited from the Statutory Auditors and submit the same to C&
AG and other authorities. The CA firm shall be answerable (including making written replies &
submissions) to C & AG for all the accounting and financial queries that may be raised from time to
time. The job responsibilities shall, inter alia, specifically include the following:
      Jharkhand University of Technology, GST (TDS) Registration and provide GSTIN No. with
      Password.
     TDS Filing.
     GST (TDS) Filing.
     Audit.
     All applicable compliances related to Gods and Service Tax, Income Tax and TDS matters.
     All Type of query & compliance related to JUT Regarding Taxes.


THE ABOVE LIST IS INCLUSIVE AND NOT EXHAUSTIVE, PLEASE NOTE.




                                                2
     Time Period & Execution

      The contract is initially for a period of one year.
      if the performance of the CA firm is not found satisfactory as per JUT's sole judgment &
      standards, the JUT has the right to refuse the renewal / extension at any time.

      Notwithstanding anything contained herein above, the JUT reserves the right to discontinue
      the services of Chartered Accountant firm in the event their services are evaluated as
      unsatisfactory at any time during the period.

      The Firm will report to "Finance Officer/Registrar" of the JUT at least once a Month, to
      discuss and review the work progress.
      The firm shall also submit a "status report" to the Finance Officer/ Registrar showing the
      status of the books & accounts and also the pending issues, if any.


     Pre-qualification Criteria

The bids of only those firms will be considered which satisfy the following eligibility criteria:

I.    The Chartered Accountant Firm should be a Partnership firm with at least 3 partners, out of which
      one must be a FCA member.

II. The Chartered Accountant Firm should be registered with The Institute of Chartered
    Accountants of India (ICAI) and have Income Tax Permanent Account Number (PAN) and
    Service Tax Registration,

III. The Firm should have been in operation for at least 10 years after its registration,






IV. The Firm should be empanelled with the Comptroller and Auditor General of India (C&AG),

V. The Average Annual Income (i.e. Average Gross Professional Fees earned during the 3 years)
    of the Firm in the last 3 financial years i.e. (2014-15, 2015-16 and 2016-17) must be equal to or
    more than Twenty Five lakhs (25 lakhs),
VI. The CA firm must have the experience of GST Consultancy, Auditing and /or Accounting of at
    least one Government Company run by Central Government / State Government, Auditing shall
    mean either Statutory Audit and/or Internal Audit only. Applicant shall be required to submit the
    Audit engagement letter along with their Bid document.

      In case, any ambiguity is found in the tender documents, whereby the JUT has doubts or is not
      very clear whether the bidder qualifies the above eligibility criteria, the JUT (JUT) shall have the
      right to make its own assessment based on the documents submitted, to decide on whether the
      bidder is eligible or not or deserves any additional weight age. In such a case, the JUT shall be
      final and the bidder shall have no right to challenge the same. Therefore, the bidders are
      advised to submit the complete information and documents in support of their claims to fulfill the
      eligibility criteria as above.

VII. The firm must have an office, headed by a Chartered Accountant (Head office and/or
      Branch Office) located at Ranchi.


                                                   3
    Payment Terms

The payment shall be made against the services provided by firm, subject to the following terms
and conditions:
· The payment during the entire contract period shall be made in accordance with the financial bid
   submitted by the selected bidder and accepted by the JUT. No price variation would be allowed
   during the contract period. The financial price quoted by the contracting firm shall be final. The rates
   quoted should have validity at least for the initial one year. No request for extra payment on account of
   increase in price on whatever account will be entertained. No extra payment on account of any out of
   pocket expenses shall be paid.

·    GST is payable extra as per applicable rates.

·    Payment shall be subject to TDS under Income tax at applicable rates.

·    The bill shall be submitted by CA firm by last working day of every month and the same be paid in
     the following month.
·    Any interest/penalty which becomes payable by JUT to any tax authorities due to delay in filing of
     statutory returns and/or delay in deposit of statutory taxes/dues, which is attributable to the negligence
     of the staff deployed by the CA firm then such amount shall be deducted from the payment due to such
     CA firm or shall be recovered in such a manner as the JUT may deem fit.

3. SUBMISSION AND EVALUATION OF THE TENDER

    Submission of Tender

A. Interested firms are requested to submit their Tender in 2 sealed envelopes as below, alongwith
   (a) Earnest Money Deposit (EMD) of Rs.10,000/- in the form of Demand Draft.

         ·     1st Envelope :
               Containing Prequalification Bid & Technical evaluation information including documents /
               information specifically mentioned in Annexure-A1 & A2 along with all supporting
               documents including EMD draft.
         ·     2nd Envelope :
               Financial Bid as per Annexure B.
B. All pages of the Tender and the supporting documents/ annexures must be serially numbered.
C. All the pages of the Tender document including the annexures and copies of certificates should be
   signed by the authorized person of the Firm, along with the seal of the firm, in the absence of which,
   the tender will be disqualified.

D. An Index must be made for tender documents and for all supporting documents submitted and this
   must be affixed on top of all Annexures submitted. The index must mention the relevant Page number
   to facilitate quick reference. If any document reference/page number is not mentioned in the Index, it
   shall not be considered.
E. If the tender is not supported by the "Essential certificates" or "other documents" for credentials as
   envisaged in the tender documents, the relevant credentials shall not be considered for evaluation
   without any further reference to the Bidder.




                                                         4
The Documents relating to Prequalification & Technical Evaluation and Financial Bid should be submitted in
Two different envelopes as mentioned above and all envelopes should subscribed "TENDER FOR
SELECTION OF CHARTERED ACCOUNTANT FIRM" and all the Two envelopes should be sealed in one
main envelope and subscribed "TENDER FOR SELECTION OF CHARTERED ACCOUNTANT FIRM". The
Pre-qualification bid shall not contain any indication of the price offered for the job for which tender is given
by the firm. In case it is found that the Pre-qualification contains the price for the job or any direct or indirect
indication of it, the entire bid document will be summarily rejected.

Tender should be deposited in the office of "JHARKHAND UNIVERSITY OF TECHNOLOGY,
RANCHI., Science & Technology Campus, Sirkha Toli, Namkum, Ranchi-834010 on all working days
during working hours from 10.00 A.M to 05:00 P.M. The last date for submission of tender is ............
up to 3:00 P.M.

The Applicant can submit the Tender by registered post /Speed post or submit the same in
person, so as to reach the designated address by the time and date stipulated. No delay in the
submission of the Tender for any reason will be entertained. Any Tender received by the JUT after
the deadline shall not be opened.

  Earnest Money Deposit

Earnest Money Deposit of Rs. 10,000/- by way of Demand draft in the name of "JHARKHAND
UNIVERSITY OF TECHNOLOGY, RANCHI.", payable at Ranchi should be submitted along with
the bid. The EMD amount will be returned to the unsuccessful firms after finalization of the bid. In respect of
the successful bidder, the EMD will be returned after execution of the agreement.

  Pre-Tender meeting -07.01.2019 at 11:30 AM


  Last Date of Submission of Tender

Last date of submission of the Tender is 19.01.2019 upto 3:00 P.M.

Date of opening of the Tender

The authorized representatives of the firms carrying authority letter may attend the bid opening. The date(s)
of opening the tender to evaluate prequalification criteria will be on 21.01.2019 at 03:00 P.M. The dates of
opening Financial bids shall be notified later.

Evaluation of Tender

Notwithstanding anything contained in this tender document, technical assessment shall be made at the
sole discretion of the Evaluation committee of JUT and their decision shall be final and not
challengeable.




                                                                 5
                                                                       ANNEXURE A
                                    PRE-QUALIFICATION BID

Sl.No. Criterion               Particulars              Description   Index ­
                                                                      Reference
                                                                      Page No`s

1                              Name of the Firm
      The firm must have its

      Head Office or/and
                               Address of HO
      Branch Office headed
      with a CA at Ranchi

                               Address of Branch

      (Submit copy of

      supporting document
      regarding address)


      The CA Firm should be
      registered with the
      Institute of Chartered
      Accountants of India
      (ICAI) and must
      possess permanent
      account number (PAN)
      under Income Tax and
      registration under
      GST

      (Provide copies of all
      Registration           Designation/
      certificates)          Qualification of
                             Head authority at
                             Branch Office
                             Telephone No

                               Mobile:

                               E-mail:

                               Registration No
                               with ICAI,

                               Date of
                               Registration




                                                    6
                             PAN No of CA
                              Firm

                             GST
                             Registration No.



2   The CA Firm should be Empanelment
    empanelled with        Number
    Comptroller
    and Auditor General of

    India (C&AG)
    (Provide copy of valid Period /validity
    Empanelment
    Certificate)




3   The CA Firm should be Year of
    in operation for at least Registration/
    10 years after its        Starting of
    Registration              Operation

    (Provide necessary
                             Nos. of years in
    evidence)
                             operation after
                             Registration (in
                             years)


4   Average Annual Gross Average Annual
    Professional Fee       Gross
    earned of the CA Firm Professional fee
    for the last 3 (three) earned by CA
    years                  Firm in last 3
                           (three) years
    [Must be equal to or ending on 31st
    greater than (25)      March, 2015)
    (Twenty Five Lakhs)
                           Year 2014-15         Rs................................
    [Provide copies of the
    Audited Financial
    Statements for the     Year 2015-16         Rs................................
    year 2014-15, 2015-
    16 and 2016-17
                           Year 2016-17         Rs................................

                             Annual average     Rs................................
                             for 3 years









                                                            7
5       Services provided for Nos. of Such      Nos. (in figure).......................................
        GST and Preparation of
        Annual                 Entity
        accounts on regular
        basis
        One years                               Nos. (in words)........................................




Certified that the above particulars are true & correct. In the event of any such information / document is
found to be incorrect / false / manipulated, the JUT is at liberty to reject the proposal of the CA Firm
without assigning any reasons thereof and without giving any opportunity of being heard.

Date:                                                        Signature:


SEAL:                                                        Name and Designation:




                                                   8
                                                                                                 Annexure A1

                                          Partners of CA Firm


             Name of the
                                                   Membership
SL. No.       Member             Designation                              (FCA / ACA)                  Remarks
                                                    No.Status

 1.

 2.

 3.

 4.

 5.


Furnish the copy of the documentary evidence in support of the information provided above. Please
attach additional sheets, if required.




SEAL:                                               Signature:




Date:                                               Name and Designation: -------------------------------------- --




                                                   9
                                                                                                      Annexure A2

Details of CA Firm's Experience of GST Consultancy, Auditing and/or Accounts of Government Company
run by Central / State Government (During last 5 Financial years ended 31st Mar'18 )

                                   [During the last 3 years ended 31st March'2018]


                                                 Name of Company
                                                                      Gross Income of the
                                                                                                  Nature of
        Name / Nature Period                                               Companies
            of the                Name of the                           relevant financial year      the        Index /
  SR.                  [Start
                                   Institution
 No.     Assignment     date /                                                                    Supporting Ref Page
         (Audit or                                                                                Documents    no`s
                      End date]
         Accounts)                                                                                 provided

                                                                    Fin Year            Rs
 1.
 2.

 3.

 4.

 5.

 6.



Furnish the copy of the documentary evidence in support of the Information provided above. Please attach
additional sheets, if required.




 SEAL:                                                 Signature:



Date:                                                 Name and Designation: ---------------------------------------------




                                                          10
                                                                                               ANNEXURE-B

                                              FINANCIAL BID

Sl.                Particulars                   Professional Fees For one year (12          Payment Schedule
                                                              month)
                                                 Rupees (In     Rupees (in Words)
                                                  Figure)
01      JHARKHAND UNIVERSITY OF
          TECHNOLOGY, GST (TDS)
              REGISTRATION
02          TDS FILING (Quarterly)

03        GST (TDS) FILING (Monthly)
                                                                                              The service provider
04    AUDIT, INCLUDING TRAVELLING &                                                            will raise bills as
            CONVEYANCE (Yearly)                                                                  mentioned in
05          INCOME TAX NOTICE                                                                   payment terms.
                COMPLIANCE
06     GST (TDS) NOTICE COMPLIANCE

07        ALL TYPE OF QUERY &
       COMPLIANCE RELATED TO JUT
           REGARDING TAXES



       ** Notes:

       a. Fee is Inclusive of Professional Fee taxes, Travelling, Food and all other Expenses.
       b. ONLY GST SHALL BE PAID EXTRA on the above quoted fee
       c. Statutory Deductions like TDS etc. shall be made by the JUT as per statutory rates and
          norms wherever applicable

       We undertake that the rates quoted above by us will not change during the Contract period and its
       extended period. We also accept the payment schedule/payment terms.



       SEAL:                                                Signature:
                                                _




       Date:                                                Name and Designation:




                                                     **********




                                                       11

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