2026 (7) TMI 3

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....ng 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. 1.1. 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, 2026 vide Annexure-2. 2. From the facts adumbrated in the pleadings and undisputed by the opponents, it would transpire that the petitioner was assessed t....

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....t of entry tax for a period of 7 years, i.e., from 31st of March, 2007 till 31st of March, 2014. 3.2. 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". 3.3. The State Government in Finance Department as well as the Commissioner of Sales Tax instead of complying with the terms of the Scheme sanctioned by said BIFR denied such exempt....

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....e 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 rendered by the Full Bench of this Court. 3.8. Relying on the law laid down in ECMAS Resins Pvt. Ltd. Vs. State of Odisha, (2023) 112 GSTR 333 (Ori), which was not interfered ....

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....ated 12.03.2026, said OSTT refused to recall the order and placed the second appeal for final hearing. 4. Per contra, Mr. Sunil Mishra, learned 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.10414 of 2026 filed by the petitioner. 4.1. Learned Standing Counsel for Revenue thus submitted that in order to dispose of second appeal, the learned OSTT awaited for the result of appeal pref....