The Petitioner would have to supply drugs and goods which are not exempt from levy of GST and the petitioner would require to be registered, under the GST Act. In the absence of such a registration certificate, the action of the Respondent in rejecting the technical bid of the Petitioner cannot be termed to be arbitrary.
Requirement of GST registration Certificate --- The petitioner submitted its tender document on 31.07.2021 after complying with all the required formalities. The respondent pointed out one of the deficiencies regarding non-submission of GST registration certificate. The petitioner submitted that it was an entity involved in the business of Healthcare Services, which were exempted from payment of GST by notification No.9/2017-Integrated Tax (Rate), dated 28.06.2017 and as such the petitioner was exempted from registering it under the Act. The petitioner submitted that his bid could not have been rejected on the ground of non-furnishing of GST registration certificate as there was no requirement for the Petitioner to register itself under the Act. The court observed that the requirement under the eligibility criteria is to ascertain whether such a bidder would have the experience and capacity to execute the contract if it is awarded to such a bidder. The certificates produced by other Respondent do attest to the experience claimed by them.
Held that:- The Hon’ble High Court dismissed the petition.
The Petitioner would have to supply drugs and goods which are not exempt from levy of GST and the petitioner would require to be registered, under the GST Act. In the absence of such a registration certificate, the action of the Respondent in rejecting the technical bid of the Petitioner cannot be termed to be arbitrary.
Requirement of GST registration Certificate --- The petitioner submitted its tender document on 31.07.2021 after complying with all the required formalities. The respondent pointed out one of the deficiencies regarding non-submission of GST registration certificate. The petitioner submitted that it was an entity involved in the business of Healthcare Services, which were exempted from payment of GST by notification No.9/2017-Integrated Tax (Rate), dated 28.06.2017 and as such the petitioner was exempted from registering it under the Act. The petitioner submitted that his bid could not have been rejected on the ground of non-furnishing of GST registration certificate as there was no requirement for the Petitioner to register itself under the Act. The court observed that the requirement under the eligibility criteria is to ascertain whether such a bidder would have the experience and capacity to execute the contract if it is awarded to such a bidder. The certificates produced by other Respondent do attest to the experience claimed by them.
Held that:- The Hon’ble High Court dismissed the petition.