M/S Magnum Estates Private Limited, Bhubaneswar vs. Additional Commissioner, GST (Appeals), Bhubaneswar

WP(C)/34673/2025HC OrissaGSTCNR ODHC01086709202518 December 2025Bench: MR. JUSTICE HARISH TANDON (CJ),MR. JUSTICE MURAHARI SRI RAMAN7 pages
AI SummaryRemanded

Held

The Court noted that the GSTAT is now functional and a timeline for filing appeals has been provided. It directed the petitioner to comply with the pre-deposit requirements under Section 112(8) and file the appeal within the stipulated timeline.

Facts

The petitioner challenged a GST order and its affirmation by the appellate authority. The petitioner argued that the Goods and Services Tax Appellate Tribunal (GSTAT) was not functional, rendering the statutory appeal remedy unavailable.

Key Issues

Whether a writ petition is maintainable when the statutory appellate forum is not functional, and if conditions for appeal must be met once the forum becomes functional.

Sections Cited

Section 73, Section 112

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 7 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.34673 of 2025 M/s.Magnum Estates Private Limited …. Petitioner Ms.Kajal Sahoo, Advocate -versus- Addl. Commissioner GST (Appeals), Central Excise & Customs, Bhubaneswar and others …. Opposite Parties Mr. Avinash Kedia, Junior Standing Counsel CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No.

ORDER 18.12.2025

01.

1. The petitioner has challenged the order dated 23rd August, 2024 passed by the Superintendent CGST & Central Excise, Balasore-1 Range for the tax periods from April, 2019 to March, 2020 under Section 73 of the Central Goods and Services Tax Act, 2017/the Odisha Goods and Services Tax Act, 2017 (hereinafter referred to as "GST Act"), which was affirmed in an appeal by the Appellate Authority on 29th September, 2025. 2. According to learned advocate appearing for the petitioner, although the remedy by way of an appeal is provided under Section 112 of the GST Act under the Goods and Services Tax Appellate Tribunal (GSTAT) against the order in appeal, such remedy is not available as the GST

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