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

WP(C)/34233/2025HC OrissaGSTCNR ODHC01085099202504 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-requisite amount under Section 112(8) of the GST Act and file an appeal before the GSTAT within the stipulated timelines. The court emphasized that the GSTAT, now functional, is the appropriate forum for adjudication.

Facts

The petitioner challenged a GST order and its affirmation in appeal. The primary issue was the non-constitution of the GST Appellate Tribunal (GSTAT), leaving the petitioner without an appellate forum. The court noted that while the GSTAT was not functional, conditions for filing appeals under Section 112(8) of the GST Act still applied.

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 74, 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.34233 of 2025 M/s. Magnum Estates Private Limited …. Petitioner Mr. Jagabandhu Sahoo, Senior Advocate assisted by Ms. Kajal Sahoo, Advocate -versus- Additional Commissioner, GST (Appeals) 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 04.12.2025

01.

1. The petitioner has challenged the order dated 28th August, 2024 passed by the Superintendent CGST & Central Excise, Balasore-1 Range for the tax periods from April, 2018 to March, 2019 under Section 74 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 Senior 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 avai

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