M/S West Bengal Electronics Industry Development Corporation LTD vs. Prasar Bharti & Ors.

W.P.(C)/6567/2020HC DelhiGSTCNR DLHC01025225202022 December 2020Bench: HON'BLE MS. JUSTICE HIMA KOHLI,HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD11 pages
For Petitioner: Ms. Meenakshi Arora, Senior Advocate with Mr. Rahul Narayan, Ms. Mala Narayan and Mr. Shashwat Goel, AdvocatesFor Respondent: Mr. Rajeev Sharma, Advocate
AI SummaryDismissed

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.

1.

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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