Topic
Karnataka High Court rules that debarment under the KTPP Act for submitting forged work experience certificates is valid even if procedural lapses occur, prioritizing fraud prevention over technicalities. The ruling reinforces that proportionality and natural justice claims cannot override substantive fraud in public procurement.
Calcutta High Court rules that a municipal body's failure to dispute running account bills or supplementary work claims under a public works contract constitutes acceptance, imposing liability for Rs. 1.88 crore in unpaid dues. The court awarded 10% p.a. interest from the date of filing, reinforcing contractors' rights against delayed payments by government entities.
ITAT Delhi rules that forfeiture of earnest money deposit (EMD) in a joint gas tender, incurred to secure fuel for hotel operations, qualifies as a deductible business expenditure under Section 37 of the Income Tax Act. The ruling clarifies that such losses are revenue in nature, directly linked to business operations, and not capital expenditure.
Madhya Pradesh High Court upholds forfeiture of earnest money deposit when the lowest bidder refuses to sign the contract, unless an error in the bid is proven before bid opening. The ruling reinforces strict compliance with tender conditions, impacting contractors in public procurement disputes.
Telangana High Court ruled that reducing the estimated contract value from ₹10 crores to ₹5 crores and EMD from ₹25 lakhs to ₹12.5 lakhs in a tender schedule was arbitrary and unconstitutional, directing acceptance of petitioners' bids pending final disposal. The judgment reinforces judicial scrutiny over public procurement processes to prevent exclusionary practices.