2025 (3) TMI 365 - HC - GST

Tender Disqualification Upheld: GST Registration Cancellation Leads to Exclusion from Bidding Process

Janakalyana Parisada Versus State of Odisha and others

HC of Orissa dismissed writ petition challenging tender disqualification. Court upheld petitioner's exclusion due to GST registration cancellation, ... Prayer for quashing of notice inviting tender (NIT) - tender was opened beyond 180 days - disqualification for having GST registration cancelled - HELD THAT:- The validity of a proposal can be extended by the proposer. So far as cancellation of revenue registration of petitioner is concerned, it appears the registration was cancelled prior to 20th September, 2024. The cancellation is on reason given by FORM GST REG-17, disclosed by opposite party no.3 in his counter. The phrase ‘suo moto’ used in letter dated 20th September, 2024, giving information including disqualification of petitioner to be that his registration certificate was cancelled by the taxing authority. It being one of the arms of State, the phrase was used. Petition dismissed. The High Court of Orissa dismissed a writ petition seeking to quash a notice inviting tender (NIT) due to the petitioner's disqualification for having their GST registration cancelled. The petitioner argued that the tender was opened beyond 180 days and that their GST registration was valid at the time of bid submission. The court noted that the cancellation of the petitioner's GST registration was disclosed by the opposing party and upheld the disqualification, stating that the validity of a proposal can be extended by the proposer. The court found no merit in the petition and ruled in favor of the respondents.