M/S West Bengal Electronics Industry Development Corporation LTD vs. Prasar Bharti & Ors.
Held
The Court held that respondent No. 4's decision to absorb the GST component within its quoted price, rather than passing it on, did not amount to a non-compliance with the tender conditions or a discount. Therefore, respondent No. 4 was correctly declared L-1.
Facts
The petitioner challenged the selection of respondent No. 4 as the L-1 bidder in a tender process. The petitioner argued that respondent No. 4's bid was non-responsive for failing to separately indicate the GST component as required by the tender conditions.
Key Issues
Whether a bidder's failure to separately indicate the GST component in its commercial bid, when it chooses to absorb the tax burden, renders the bid non-responsive. Whether absorbing the tax component constitutes a discount.
Sections Cited
Clause 6.10.3, Clause 6.10.5, Clause 6.10.15, Instruction No.7
AI-generated summary — verify with the full judgment below
W.P. (C) 6567 /2020 * IN THE HIGH COURT OF DELHI AT NEW DELHI +
W.P.(C) 6567/2020 & CM No.22956/2020(Stay)
Date of decision: 22nd December, 2020
IN THE MATTER OF:
M/S WEST BENGAL ELECTRONICS INDUSTRY
DEVELOPMENT CORPORATION LTD ..... Petitioner
Through: Ms. Meenakshi Arora, Senior Advocate
with Mr. Rahul Narayan, Ms. Mala Narayan
and Mr. Shashwat Goel, Advocates
versus
PRASAR BHARTI & ORS.
..... Respondents
Through: Mr. Rajeev Sharma, Advocate CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
SUBRAMONIUM PRASAD, J.
By way of the instant writ petition, the petitioner seeks quashing of the selection of the respondent No.4 as L-1 bidder vide letter no.12(36)01/FM Tr./2019/D(P)/663/D(P-S)Cell/ dated 09.09.2020 issued by the respondent No.2 and for a declaration that the bid of the respondent No.4 should be rejected as being non-responsive. The petitioner has prayed for a further direction
The judgment continues below.
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