Authorities have right to obtain information from bidders with regards to GST inclusion in tender price: HC

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Tenders – A tender process was initiated by Geological Survey of India – It was a case of petitioner that when financial bid was opened she was found to be Lowest tenderer – Thereafter, authorities had enquired as to whether amount quoted by participants included GST or not – In response to such enquiry, petitioner stated that, amount quoted by her did not include GST as at time of initiation of tender process, GST was not in force – However, other participants apparently claimed that GST was included in their quoted price – Authorities found that petitioner was not lowest rate tenderer as rate quoted by other tenderer after factoring GST component was much lower – Petitioner alleged that finding of authorities was perverse – Whether action of authorities in obtaining information from participants as to implications could not be faulted, it was within their rights to have such information – Held, yes – Whether there was no material irregularity in decision making process of respondent authorities, nor their decision warranted interference by writ Court – Held, yes 

Citation: [2018] 91 taxmann.com 283 (Calcutta)

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