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CDJ 2026 Orissa HC 041
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| Court : High Court of Orissa |
| Case No : WP(C) No. 24610 of 2025 |
| Judges: THE HONOURABLE CHIEF JUSTICE MR. HARISH TANDON & THE HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN |
| Parties : Life Insurance Corporation of India Ltd. Versus Commissioner CGST and Central Excise (Appeal), Bhubaneswar & Others |
| Appearing Advocates : For the Petitioner: Ashok Kumar Mohanty, Advocate. For the Respondents: Prasenjeet Mohapatra, Senior Standing Counsel. |
| Date of Judgment : 19-03-2026 |
| Head Note :- |
Constitution of India – Articles 226, 227 – Central Goods and Services Tax Act, 2017 – Section 74, 107 – Appeal – Jurisdiction – Technical Rejection – Transmission of Appeal – Writ against rejection of appeal as filed in wrong jurisdiction.
Court Held – Writ Petition allowed – Rejection of appeal set aside – Appeal cannot be dismissed on technical ground of “wrong jurisdiction” when no mechanism existed for transfer – Department admitted procedural lapse – Petitioner permitted to re-file appeal; authorities directed to transmit appeal to correct jurisdiction within 15 days – Matter remitted for decision on merits – Courts must prevent denial of substantive rights due to procedural/technical defects.
[Paras 4, 6]
Keywords: GST Appeal – Wrong Jurisdiction – Technical Rejection – Transmission of Appeal – Procedural Lapse – Natural Justice – Substantive Justice – Article 226 – Tax Litigation
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Articles 226 and 227 of the Constitution of India
- Section 74 of the Central Goods and Services Tax Act, 2017/Odisha Goods and Services Tax Act, 2017
- Section 107 of the GST Act
2. Catch Words:
- jurisdiction
- appeal
- writ petition
- re‑filing
3. Summary:
The petitioner, Life Insurance Corporation of India, challenged the appellate order dated 30 May 2025 that rejected its appeal on the ground of “filed in wrong jurisdiction.” The appeal had been filed under Section 107 of the GST Act against an Order‑in‑Original passed under Section 74 of the GST Act. The Department’s written instructions revealed that the rejection was due to a procedural lapse, as the office lacked a mechanism to transmit appeals to the correct jurisdiction, and an advisory had been issued later. The Court observed that the rejection was erroneous and, without examining the merits, set aside the order. The appeal was restored to the file and directed to be transmitted to the appropriate appellate authority within fifteen days. All pending interlocutory applications were disposed of.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. Against the appellate order dated 30th May, 2025 vide Annexure-9 passed by the Commissioner, CGST & Central Excise (Appeal), Bhubaneswar, rejecting the appeal on the ground “filed in wrong jurisdiction”, the petitioner, Life Insurance Corporation of India Limited, has come up before this Court invoking provisions under Articles 226 and 227 of the Constitution of India.
2. Learned counsel appearing for the petitioner submitted that being aggrieved by the Order-in-Original dated 28th January, 2025 passed under Section 74 of the Central Goods and Services Tax Act, 2017/Odisha Goods and Services Tax Act, 2017 (collectively, “the GST Act”) by the Additional Commissioner (Annexure-6) and summary of order dated 4th February, 2025 (Annexure-7) passed by the Commissioner, Bhubaneswar IV Circle, Bhubaneswar, the petitioner preferred an appeal under Section 107 of the GST Act before the Commissioner, CGST & Central Excise (Appeal), Bhubaneswar.
2.1. It is further submitted that the Order-in-Original vide Annexure-6 was passed in common against the Life Insurance Corporation of India having its offices at different parts of this country. So far as it related to the State of Odisha is concerned, the petitioner filed an appeal at Bhubaneswar on 27th April, 2025 under Section 107 of the GST Act. It is emphatically urged that the said appeal came to be rejected on 30th May, 2025 indicating “filed in wrong jurisdiction” without any application of mind. It is, therefore, submitted that the order of rejection is liable to be set aside.
3. On the last occasion, on such submission made by the learned counsel for the petitioner, learned Senior Standing Counsel sought for accommodation to enable him to obtain instruction in this matter.
4. Today, when the matter was taken up, the learned Senior Standing Counsel appearing for the Department-opposite parties furnished written instructions dated 17th March, 2026 received from the Assistant Commissioner (Law), GST and Central Excise, Bhubaneswar, wherein at paragraph-3, it has been reflected as follows:
“3. O/O the Commissioner (Appeals), GST, Central Excise & Customs, Bhubaneswar, vide email dated 16.03.2026 (copy of the mail printout is enclosed) stated as under:
“As on the date of rejection of the appeals, there was no mechanism for this office to transmit appeals filed against CAA Orders to the correct jurisdiction.
However, DG-Systems, Chennai have issued one advisory in this regard in July, 2025.
The appellant may be requested to re-file the appeals on the system and in terms of the Advisory; this office shall take steps to have the appeals transmitted to the correct jurisdiction.”
5. Heard learned counsel for the petitioner and learned Senior Standing Counsel appearing for the Department-opposite parties.
6. On perusal of record and after going through the written instructions so furnished by the learned Senior Standing Counsel appearing for the Department, it is perceived that in rejecting the appeal there was mistake on the part of the opposite parties and the petitioner is advised to re-file the appeal. Accordingly, without touching the merit of the matter, this Court disposes of this writ petition by setting aside the order dated 30th May, 2025 passed by the Commissioner, CGST & Central Excise (Appeal), Bhubaneswar (Annexure-9). Consequently, the appeal is restored to its original file and it is directed that the appeal as filed by the petitioner shall be transmitted to the appropriate appellate authority concerned within a period of fifteen days from date and the appellate authority shall proceed with the appeal in accordance with law.
7. As a result of disposal of the writ petition, all pending Interlocutory Application (s), if any, shall stand disposed of.
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