M/S Sahoo Enterprises, Balasore vs. Commissioner Of CT And GST, Cuttack

WP(C)/13851/2025HC OrissaGSTCNR ODHC01032793202528 August 2026Bench: MR. JUSTICE MANASH RANJAN PATHAK,MR. JUSTICE MURAHARI SRI RAMAN3 pages
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Held

The Court granted the petitioner liberty to file an appeal before the GST Appellate Tribunal within fifteen days. The Tribunal is directed to admit the appeal, considering the pendency period in the High Court.

Facts

The petitioner filed a writ petition challenging an appellate order under the Odisha GST Act because the GST Appellate Tribunal was not yet constituted. The petitioner now seeks to approach the Tribunal after its constitution.

Key Issues

Whether the petitioner should be allowed to approach the GST Appellate Tribunal after the expiry of the normal limitation period, given the earlier unavailability of the Tribunal.

Sections Cited

Articles 226, 227

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.13851 of 2025 CNR No.ODHC010327932025 M/s.Sahoo Enterprises, Balasore …. Petitioner Represented by Adv.- Mr.Debasish Hazra, Advocate -versus- Commissioner of CT & GST, Cuttack and others …. Opposite Parties Represented by Adv.- Mr.Sunil Mishra, Standing Counsel (for CT & GST Organization) CORAM: HON’BLE MR. JUSTICE MANASH RANJAN PATHAK AND HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No.

ORDER 28.08.2026 (Hybrid Mode)

01.1.

Heard Mr. Debasish Hazra, learned counsel appearing for the petitioner and Mr.Sunil Mishra, learned Standing Counsel for the CT & GST Organization.

2.

It is submitted by learned counsel for the petitioner that the petitioner has challenged the order in appeal dated 17.02.2025 passed under Odisha Goods and Services Tax by the Additional Commissioner of CT & GST (Appeal), Balasore by way of filing this Writ Petition invoking the provisions of Articles 226 and 227 of the Constitution of India.

2.

1 It is submitted that, at the relevant point of time, the GST Appellate Tribunal had not been constituted. Therefore, the

The judgment continues below.

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