M/S Ambika Cunstrution Company vs. Central Board Of Indirect Taxes And Customs

WP(C)/11413/2025HC OrissaGSTCNR ODHC01025820202528 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 was directed to admit the appeal, subject to statutory compliance, and consider the period the matter was pending in the High Court.

Facts

The petitioner filed a writ petition challenging an appellate order under the Odisha Goods and Services Tax Act when the GST Appellate Tribunal was not yet constituted. The petitioner sought liberty to approach the Tribunal now that it is functional.

Key Issues

Whether the petitioner should be allowed to approach the GST Appellate Tribunal after the expiry of the normal appeal period, given the circumstances of the Tribunal's non-constitution at the time of filing the writ petition.

Sections Cited

Not Applicable

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.11413 of 2025 CNR No. ODHC010258202025 M/s.Ambika Construction Company, Baripada …. Petitioner Represented by Adv.- Mr.Debasish Hazra, Advocate -versus- Central Board of Indirect Taxes and Customs (CBIC), Department of Revenue, New Delhi and others …. Opposite Parties Represented by Adv.- Mr.Sujan Kumar Roy Choudhury, Senior Standing Counsel (for GST, Central Excise & Customs) 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, Mr. Sujan Kumar Roy Choudhury, learned Senior Standing Counsel 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 State Tax (Appeal), Balasore Range, Balasore (Opp.

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