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The Court is of the opinion that since order is being passed due to non-constitution of the Tribunal by the respondent-Authorities, the petitioner would be required to present/file his appeal under Section 112 of the B.G.S.T. Act, once the Tribunal is constituted and made functional and the President or the State President may enter office. Impugned order before the Appellate Tribunal under Section 112 of the GST Act.

Section 112 of the CGST Act, 2017--- Appeal before Tribunal —–- The petitioner challenged an order dated 14.03.2022, whereby the appeal preferred was rejected, without grant of any opportunity of being heard and without any reasoned or speaking Order and sought quashing of the order dated 08.03.2020. The counsel for the petitioner submitted that due to non-constitution of the Tribunal, the petitioner is deprived of his statutory remedy under Sub-Section 8 and Sub-Section 9 of Section 112. The petitioner is desirous of availing the statutory remedy of appeal and the benefit of stay of recovery of balance amount of tax, in terms of Section 112 (8) and (9) of the Act. The court relied upon the case of Angel Engicon Private Limited vs. the State of Bihar & Anr. passed in C.W.J.C No. 1920 of 2023. 

Held that:- The Hon’ble High Court disposed the writ petition in the same terms, allowing the petitioner liberty as has been granted to the petitioner in C.W.J.C. No. 1920 of 2023.

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