Rejection of bid in absence of GST registration cannot be termed as arbitrary as tender was for taxable supplies

Last updated: 08 October 2021

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The Andhra Pradesh High Court ruled that rejecting a tender bid for failing to provide a GST registration certificate was not arbitrary. The tender required the provision of Sick New Born Care Units, which would involve supplying medicines and other goods subject to GST. Therefore, all bidders were required to have GST registration, even if their primary business services were GST-exempt.

Court :
Andhra Pradesh High Court

Brief :
In M/S. ASR Hospitals (India) Pvt. Ltd. v. State of Andhra Pradesh and Ors. [W.P. No. 17415 of 2021 dated September 22, 2021], Andhra Pradesh Medical Services Infrastructure Development Corporation ("the Respondent No. 2") issued a Tender [Tender Enquiry No. 11.1B/APMSIDC/2021-22], dated July 15, 2021 requesting for provision of Sick New Born Care Units ("SNCUs") at various hospitals in Andhra Pradesh.

Citation :
W.P. No. 17415 of 2021 dated September 22, 2021

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1 Year PLAN

1999

(Excl. of GST ₹359)

2 Years PLAN

3499

(Excl. of GST ₹629)

BEST VALUE

3 Years PLAN

4999

(Excl. of GST ₹899)

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Judgement posted by

Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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