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TMI Blog2020 (8) TMI 734X X X X Extracts X X X X X X X X Extracts X X X X ..... er Electronics and is in the business of installations of street lights and connected electric amenities. The 2nd respondent- Secretary to Kavannur Grama Panchayat invited e-tenders for installation of 24W LED street lighting system as per Ext.P1. The last date for submission of tender was 27.02.2020. The tender was to be opened on 29.02.2020 at 3 p.m. 3. The petitioner participated in the tender and quoted a price of Rs.1,579/-, as evidenced by Ext.P2. According to the petitioner, there were only two tender participants. The petitioner submitted all the requisite documents in support of his tender. The bid results were not published. Later, the petitioner came to know that bid has been finalised on 09.03.2020 in favour of the 5th respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contract, he executed agreement on 25.03.2020. Thereafter, LED street lights were supplied to respondents 1 and 2 on 26.03.2020 and 27.03.2020. The 5th respondent submitted tax invoice bill also for payment. Installation of LED street lights, however, could not be completed due to nationwide lock down. The 5th respondent pointed out that the petitioner quoted Rs.1,579/- both under the heads total amount "excluding taxes" and "including taxes". Column Nos.8 and 9 in the tender document were left blank. In the circumstances, respondents 1 and 2 were justified in rejecting the tender of the petitioner and selecting the 5th respondent. 7. Learned counsel for the petitioner, Advocate Saneesh Kumar, argued that the petitioner has not disclosed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nty for the work, whereas in the final agreement the period was reduced to two years. 10. I have heard learned counsel for the petitioner, learned Standing Counsel for respondents 1 and 2, the learned counsel appearing for the 5th respondent and the learned Government Pleader appearing for respondents 3 and 4. 11. The prime reason for the respondents for not accepting the tender of the petitioner is that the petitioner did not quote tax amounts even though the conditions required disclosure of tax burden. The defence of the petitioner is that he is paying composite tax and therefore he need not pay GST. To establish this fact, the petitioner produced Ext.P9 statement for payment of self-assessed tax. Ext.P9 would show that the payment of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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