Amit Kumar Das vs. The Joint Commissioner Of State Tax, Jajpur Road

WP(C)/23907/2025HC OrissaGSTCNR ODHC01057275202515 December 2025Bench: MR. JUSTICE HARISH TANDON (CJ),MR. JUSTICE MURAHARI SRI RAMAN7 pages
AI SummaryRemanded

Held

The Court directed the petitioner to deposit the pre-requisite amounts as per Section 112(8) of the GST Act and file an appeal before the GSTAT within the stipulated timelines. The Court emphasized that the GSTAT is the appropriate forum for adjudication of the dispute.

Facts

The petitioner challenged an order under Section 73 of the GST Act, affirmed 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. The Court noted that the GSTAT is now functional and timelines for filing appeals have been provided.

Key Issues

Whether a writ petition is maintainable when the statutory appellate forum is not functional, and if so, what are the conditions for filing an appeal 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.23907 of 2025 Amit Kumar Das …. Petitioner Mr. Bijay Panda, Advocate -versus- The Joint Commissioner of State Tax, CT & GST Circle, Jajpur and another …. Opposite Parties Mr. S. Tibriwal, 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 15.12.2025

01.

1. The petitioner has challenged the order dated 12th June, 2024 passed by the Joint Commissioner of State Tax, Jajpur Circle, Jajpur for the tax periods from April, 2020 to March, 2021 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 May, 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 be

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Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.