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

WP(C)/28716/2025HC OrissaGSTCNR ODHC01070773202504 December 2025Bench: MR. JUSTICE HARISH TANDON (CJ),MR. JUSTICE MURAHARI SRI RAMAN7 pages
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Held

The High Court directed the petitioner to deposit the pre-deposit amount as required by Section 112(8) of the GST Act and file an appeal before the GSTAT within the specified timelines. The Court stated that the GSTAT would then entertain the appeal if it met the statutory requirements.

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, a notification and user advisory provided timelines for filing appeals.

Key Issues

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

Sections Cited

Section 73, Section 112, Section 107, Section 108

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.28716 of 2025 M/s.P A Project Pvt. Limited …. Petitioner Mr. Kshirod Kumar 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 30th August, 2024 passed by the Assistant Commissioner, GST & Central Excise, Angul 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 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 GSTAT has not

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