2024 (2) TMI 184

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....SARMAH FOR THE RESPONDENT : SC, BTC ORDER Heard Mr. D. Sarma, learned counsel for the petitioner and Mrs. R. B. Bora, learned Standing Counsel, BTC, for the respondent Nos. 1 to 3. No one appears for the respondent No. 4 even though the order of the Lawazima Court dated 12.12.2023 states that the track consignment report available with the case records revealed that the notice in respect ....

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....ttled the Market by an order of settlement dated 02.08.2023 in favour of the respondent no. 4 with effect from 01.07.2023, till the issue of a formal settlement order. It is the contention of the petitioner that the Tender Notice itself had indicated that the condition regarding submission of GST certificate was an optional one. It is further contended that as per the CGST Act, 2007, if anyone has....

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....tificate along with his bid. 4. I have heard the learned counsels for the parties. 5. The notice inviting tender dated 27.06.2023 provides at Clause 6(IX) that GST clearance certificate would have to be annexed to the bid documents, if necessary. 6. Section 22(1) of the Central Goods and Services Tax Act, 2017 provides that every supplier shall be liable to be registered under the GST Act....

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....of the market along with the other eligible candidates. As his bid is Rs.1,01,000/- compared to the bid of the successful tenderer, i.e., the respondent No. 4, who had submitted a bid amount of Rs. 65,200/-, the settlement of the market would have to be done by the State respondent, which should in public interest. Consequently, the selection of the respondent No. 4, vide letter dated 02.08.2023, ....