M/S P A Project PVT. Limited vs. Principal Commissioner Of CGST And Central Excise And Customs, Bbsr

WP(C)/29526/2025HC OrissaGSTCNR ODHC01072635202511 December 2025Bench: MR. JUSTICE HARISH TANDON (CJ),MR. JUSTICE MURAHARI SRI RAMAN7 pages
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Held

The High Court held that while writ petitions can be entertained when the appellate forum is non-functional, conditions for appeal must be strictly complied with once the forum becomes functional. The court directed the petitioner to deposit the pre-requisite amount and file the appeal within the stipulated timeline.

Facts

The petitioner challenged a GST order and its affirmation in appeal. 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 while GSTAT was initially non-functional, timelines for filing appeals have since been issued.

Key Issues

Whether a writ petition is maintainable when the statutory appellate forum is non-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.29526 of 2025 M/s. P A Project Pvt. Limited, Angul …. Petitioner Mr. K. K. Sahoo, Advocate -versus- Principal Commissioner of CGST, Central Excise & Customs, Bhubaneswar and others …. Opposite Parties Mr. Mukesh Agarwal, Junior Standing Counsel CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No.

ORDER 04.12.2025

01.

1. The petitioner has challenged the order dated 27th October, 2023 passed by the Assistant Commissioner, GST & Central Excise Angul Division, Angul for the tax periods from July-17 to March- 18 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 15th 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

The judgment continues below.

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