Lawstreet Journal

GST Rate and HSN Code Required in Notice Inviting Tenders to Ensure Level Playing Field: Allahabad High Court [READ ORDER]

Lawstreet Journal 23 Dec 2020 11:41pm

Image courtesy: Lawstreet Journal Judiciary GST Rate and HSN Code Required in Notice Inviting Tenders to Ensure Level Playing Field: Allahabad High Court [READ ORDER]

The High Court of Allahabad in its latest pronouncement held that bidders are required to mention the GST Rate and the HSN Code in the Notice Inviting Tender in orderto ensure uniform bidding from all participants and to provide all tenderers/bidders a 'Level Playing Field'.

 

The bench of Justices Sunita Agarwal & Jayant Banerji observed that “mentioning of HSN Code in the tender document itself shall resolve all disputes relating to fairness and transparency in the process of selection of bidder, by providing 'level playing field' to all bidders/tenderers in the true spirit of Article 19(1)(g) of the Constitution of India.”

The bench from an opinion in light of the legal position, on analysis of the facts and circumstances of the instant case on one point that whether the classification of HSN Code is integral to the tendering process, i.e., whether it has an impact on the selection of tenderers or the choice of tenderers while ranking them after opening the financial bids.

The Diesel Locomotive Works, Varanasi published a notice inviting e-tender for procurement of Turbo Wheel Impeller Balance Assembly.

The petitioner contended that in order to promote local manufacturer and production of Goods and Services in India with a view to enhance employment opportunities, the Government of India had issued “Public Procurement” (Preference to Make in India) Order' 2017 ” pursuant to Rule 153(iii) of the General Financial Rules 2017 issued by the Ministry of Commerce and Industry, Department of Industrial Policy and Promotion, Government of India.

It is pointed out that neither the… Continue Reading...


Tagged: GST  
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