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HC held that the Government Memo dated 21.05.2008 directing customs duty deduction from contract value was illegal and void. The court found the attempt to retrospectively alter contract terms without legal basis impermissible. The Internal Bench Mark (IBM) was determined to be solely a qualifying criteria for price bids, not a mechanism for contract value reduction. The court emphasized adherence to constitutional principles, particularly Article 14, and ruled that the contractor was entitled to customs duty exemption. The impugned memo was set aside, and the petition was allowed, protecting the contractor's contractual rights.
HC held that the Government Memo dated 21.05.2008 directing customs duty deduction from contract value was illegal and void. The court found the attempt to retrospectively alter contract terms without legal basis impermissible. The Internal Bench Mark (IBM) was determined to be solely a qualifying criteria for price bids, not a mechanism for contract value reduction. The court emphasized adherence to constitutional principles, particularly Article 14, and ruled that the contractor was entitled to customs duty exemption. The impugned memo was set aside, and the petition was allowed, protecting the contractor's contractual rights.
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