TaxTMI 
TaxTMI 
TaxTMI 
2025 (6) TMI 1346
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....ditions. Despite such non-compliance, the tendering authority has declared the Technical Bids of the said two respondents as responsive bids. 3. Clause nos.1.9, 1.10, 1.16, 2.2, 2.4 and 2.6 of the e-tender document are reproduced hereinbelow, as follows : "1.9 Bidder must have minimum annual turnover of Rs.1.00 Crore or above for each of the last 3 financial years 2020-2021, 2021-2022 and 2022-2023. 1.10 Bidder should have up-to-date Income Tax Return for the financial year 2019-2020, 2020-2021 and 2021-2022. 1.16 All eligible/Interested Bidders are required to download Tender documents from ASTPPC Ltd's website http://assamtextbook.gov.in or Assam Govt.'s e-procurement portal which is to be uploaded along with all supporting documents in the e-procurement portal after filling up, 2.2 In case of Registered firms, the bidders have to produce one Certificate from reputed Waste Paper Re-Cycling Industry that the party is authorized to lift old/used paper/ books etc. and they have to submit certificate from Waste Paper processing Mill stating that the vendor is a regular supplier of Obsolete Books/waste papers and other printed paper materials for the last 3 consecutiv....
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....inimum Annual Turnover for the year 2022-2023. The bidders were also to upload and submit up-to-date hard copies of the Income Tax Returns for the years 2019-2020, 2020-2021 and 2021-2022 in terms of Clause 1.10. However, the respondent no.3 had not uploaded and submitted his Income Tax Return for the year 2021-2022. Instead he had submitted hard copy of the Income Tax Return for the year 2022-2023. 6. The petitioner's counsel submits that the respondent nos.3 & 4 did not upload the required Income Tax Returns and minimum Annual Turnover in the e-portal for a particular year. He submits that the State respondents having accepted the incomplete bids of the respondent nos.3 & 4, the same amounted to violation of the essential terms and conditions of the e-tender notice. As such, the Technical Bids of the respondent nos.3 & 4 should have been disqualified by the State respondents at the e-Bid Evaluation Stage. However, the State respondents, by violating the essential conditions of the e-tender notice, have held that the bids of the respondent nos.3 & 4 were technically qualified. He submits that the same is illegal and the same has to be set aside. In this regard, he has relied upo....
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....Committee which made it's report on 12.05.2023. The report of the Scrutiny Commission with respect to Marami Enterprise, Monu Enterprise, R.J. Enterprise (respondent no.3) and Tara and Ratnamouli Enterprise (respondent no.4) are as follows : Sl. No Name of the Bidder Observation of the Scrutiny Committee 3. MARAMI ENTERPRISE Katabari, Guwahati-35 Ph: 90850-53284 Mail: [email protected] 1. Instead of IT returns for the financial year 19-20, 20-21 & 21-22, the bidder submitted the ITRs for the Katabari, Guwahati-35 Ph: 90850-53284 Mail: [email protected] FY 18-19, 19-20 & 20-21(Clause No. 1.10). 2. Certificate from "Bajaj Kagaj Limited" found regarding receipt of waste paper from the bidder for the last 3 financial year which are above Rs. 1.00 Cr. supported by party's ledger the FY 22-23 only. Copies of supply orders/challans are not submitted (Clause No. 9 checklist of bid document). 3. The bidder has submitted a valid authorization certificate from "Rayana Paper Board Industries Ltd." but in the Undertaking, the bidder had mentioned to sale the waste paper directly to "Bajaj Kagaj Limited" instead of 'Rayana Paper Board Industries Ltd. (Clause No.1.8). 4. Up-....
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....1. MARAMI ENTERPRISE Katabari, Guwahati-35 Ph: 90850-53284 Mail: [email protected] Observations of the Scrutiny Committee verified and found to be in order, in view of which the Bidder may perhaps be considered as technically dis-qualified for non-submission of significant documents 2. Monu Enterprise Athgaon, Guwahati-9 Ph-88128-69061 Mail: [email protected] Observations of the Scrutiny Committee verified and found to be in order, in view of which the Bidder may perhaps be considered as technically dis-qualified for non-submission of significant documents. 3. R J ENTERPRISE A.K. Dev Road, Katabari, Garchuk, Guwahati-35 Ph: 88227-79825 Mail:[email protected] (Respondent No. 3) Observations of the Scrutiny Committee verified and found to be in order. Since the Bidder has submitted the hard copy of the ITR for the FY 2021-22 along with the Bid Documents instead of uploading it online, we may perhaps accept it since it was submitted and available in public domain before the date of submission his Bid. Accordingly, the Bidder may perhaps be considered as technically qualified. 4. TARA & RATNAMOULI N/H-37, Pachim Boragaon, Guwahati-33 Ph:94351-03748 Mail:madansarm....
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....e supported by ledger and Tax invoices. Considering all the supportive financial documents which indicates towards compliance of our terms and conditions in the bid document, hence the Bidder is considered as responsive and thus technically qualified. 2. In respect of M/s Tara & Ratnamouli, although the bidder had uploaded the annual turnover certificates for the FY 2019-20, 2020-21 and 2021-22 Instead of FY 2020-21, 2021-22 & 2022-23, In view of their turnover for those financial years being far above the required annual turnover of the Rs.1.00 Crore as per the bid condition, further, although the bidder did not upload the copies of supply orders/ challans against supply of obsolete books/waste papers and other printed materials as proof of supply to paper mills but they have submitted a certificate showing their turnover for the financial years 2019-20, 2020-21 & 2021-22 Issued by M/s Saphire Papers Mill (P) Ltd. along with supporting ledgers which is considered as the proof of supply. Considering all the supportive financial-documents which indicates towards compliance of our terms and conditions in the bid document, hence the Bidder is considered as responsive and thus techni....
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....Private Limited, reported in (2016) 8 SCC 446, at para 19 has held as follows:- "19. It is also well to remember the admonition given by this Court in Michigan Rubber (India) Limited v. State of Karnataka in cases like the present, as under:- (SCC p.228, para 22) "22. Judicial review of administrative action is intended to prevent arbitrariness, irrationality, unreasonableness, bias and mala fides. Its purpose is to check whether choice or decision is made 'lawfully' and not to check whether choice or decision is 'sound'. When the power of judicial review is invoked in matters relating to tenders or award of contracts, certain special features should be borne in mind. A contract is a commercial transaction. Evaluating tenders and awarding contracts are essentially commercial functions. Principles of equity and natural justice stay at a distance. If the decision relating to award of contract is bona fide and is in public interest, courts will not, in exercise of power of judicial review, interfere even if a procedural aberration or error in assessment or prejudice to a tenderer, is made out. The power of judicial review will not be permitted to be invoked to protect private inte....