M/S.Chita Ranjan Lenka, Cuttack vs. Chief Commissioner Of CT And GST, Cuttack

WP(C)/31131/2025HC OrissaGSTCNR ODHC01076698202518 December 2025Bench: MR. JUSTICE HARISH TANDON (CJ),MR. JUSTICE MURAHARI SRI RAMAN7 pages
AI SummaryRemanded

Held

The Court held that while the GSTAT was initially non-functional, it has since become functional and timelines for filing appeals have been provided. Therefore, the petitioner should avail the statutory remedy by filing an appeal before the GSTAT, subject to compliance with pre-deposit requirements.

Facts

The petitioner challenged an order passed under Section 73 of the GST Act, which was affirmed on appeal. 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 what are the conditions for filing an appeal before the GSTAT.

Sections Cited

Section 73, Section 112, Section 107

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.31131 of 2025 M/s.Chita Ranjan Lenka …. Petitioner Ms.Z.M. Wallace, Advocate -versus- Chief Commissioner of CT & GST and others …. Opposite Parties Mr. Sourav Tibrewal, Additional Standing Counsel for CT & GST Department 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 30th July, 2024 passed by the State Tax Officer, Cuttack-I City Circle, Cuttack 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 13th October, 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 GSTAT has not been constituted and made

The judgment continues below.

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