2026 (6) TMI 441

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....tion with second appeal bearing SA No.148 (ET) of 2018 passed by the learned Full Bench of the Odisha Sales Tax Tribunal, Cuttack ("OSTT", for brevity) refusing to adjudicate jurisdictional issue raised qua assessment framed under Section 10 of the Odisha Entry Tax Act, 1999 ("OET Act", for short) during the pendency of consideration of claim for benefit of exemption by the learned National Company Law Appellate Tribunal (NCLAT) is assailed in this writ petition. 2.1. Challenge is also made to an order dated 12th March, 2026 rejecting petition filed by the petitioner to recall said interlocutory order on the ground of lack of jurisdiction to exercise power of review and, thereby refusing to recall the aforesaid order dated 11th February,....

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....R under the Sick Industrial Companies (Special Provisions) Act, 1985 (for short, "the SICA") for grant of relief and a scheme was approved entitling it to claim exemption from payment of entry tax for a period of 7 years, i.e., from 31st of March, 2007 till 31st of March, 2014. 4.2. Under an impression that the Government would grant such benefit, the petitioner-company filed Misc. Application before BIFR for de-registration as a sequel to the net worth of the company having turned positive as per the audited balance sheet: 31.03.2011. The BIFR passed an order to the effect that "the company M/s. Paradeep Phosphates Ltd. (PPL) has ceased to be a 'sick industrial undertaking' within the meaning of Section 3(1)(0) of the Act". 4.3. The ....

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....authority to invoke provisions of Section 10 of the OET Act on the facts and in the circumstances, ought to have been considered. 4.7. It is submitted that despite the appellate authority having taken note of the fact that the claim for exemption from payment of entry tax was sub judice before the NCLT at the relevant point of time having set aside the order in reassessment for fresh assessment, the petitioner approached the learned OSTT as the said appellate authority failed to appreciate issue regarding exercise of power under Section 10 of the OET Act by the assessing authority. As the issue of jurisdiction goes to the root of the matter, the learned OSTT should have given due weightage for such a plea particularly in view of decision....

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....ted that the petitioner prayed before the learned OSTT to recall the interlocutory order No.48, dated 11th February, 2026 by way of an application, but in vain. By order No.49, dated 12.03.2026, said OSTT refused to recall the order and placed the second appeal for final hearing. 5. Per contra, Mr. Sourav Tibrewal, learned Additional Standing Counsel appearing for the CT & GST Organisation-opposite parties submitted that the cause of action challenging the orders dated 11th February, 2026 and 12th March, 2026 (Annexures-1 and 2 respectively) does not survive in view of the Judgment dated 18th May, 2026 in Company Appeal (AT) (Insolvency) No.193 of 2023 rendered by the learned NCLAT disposing of the appeal, as enclosed to the I.A. No. 104....