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Allahabad High Court

M/S VARUN BEVERAGES LIMITEDversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is disposed with directions permitting the petitioner to prefer an appeal before the GST Appellate Tribunal within the stipulated period, without raising limitation objections.

Summary

M/s Varun Beverages Ltd filed a writ petition before the Allahabad High Court challenging the inability to appeal orders under sections 107 or 108 of the GST Act because the GST Appellate Tribunal had not yet been constituted. The Court noted that the Central Government subsequently constituted the Tribunal and issued procedural rules under section 111 of the GST Act. Considering these developments, the Court declined to examine the merits of the impugned orders and instead directed that the petitioner may file an appeal before the Tribunal within the period up to 30 June 2026, without raising limitation objections. The Court also prescribed timelines for the Tribunal to notify any defects in the appeal and for the petitioner to cure them, and clarified that the appeal will be decided on its merits. The petition was therefore disposed with these directions.

Issues considered

  • Whether the writ petition can be entertained when the GST Appellate Tribunal under section 112 of the GST Act was not yet constituted.
  • Whether the petitioner may be allowed to prefer an appeal before the Tribunal despite the earlier non‑existence of the Tribunal and any limitation bar.

Legislation cited

Subjects

  • GST
  • Appellate Tribunal
  • Section 112
  • Limitation
  • Writ Petition
  • High Court
  • Procedural Direction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                       WRIT TAX No. - 503 of 2024

M/S Varun Beverages Limited
                                                         .....Petitioner(s)
                                 Versus

State Of U.P. And 2 Others
                                                       .....Respondent(s)

Counsel for Petitioner(s)                 :    Shubham Agrawal
Counsel for Respondent(s)                 :    C.S.C.

Court No. - 7
                  HON'BLE PIYUSH AGRAWAL, J.

1. Heard learned counsel for the petitioner and Sri Gireesh Chandra
Tiwari, learned Additional Chief Standing Counsel for the State -
respondents.

2. The instant writ petition was entertained by this Court as GST
Appellate Tribunal under section 112 of the GST Act was not constituted
for preferring appeal against the orders passed under sections 107 or 108
of the GST Act.

3. Now, the Central Government, vide order dated 24.09.2025, has
constituted the GST Appellate Tribunal and its Members have been
appointed vide Office Order No. 03/2025 dated 26.12.2025 with a request
to join their respective Benches by 21.01.2026.

4. The Central Government, in exercise of powers conferred under section
111 of the GST Act, issued notification dated 24.04.2025 making rules for
regulating the procedure and functioning of the GST Appellate Tribunal.

5. Once the procedure has been notified and appointments of the
Presidents and the Members have been made to the respective Benches of
the GST Appellate Tribunal, which itself indicates the functioning of GST
Appellate Tribunal are put to motion, no useful purpose will be served in
keeping the matter pending before this Court.

6. In view of the aforesaid facts & circumstances of the case, without
entering into the validity and legality of the impugned orders, the writ
                                                                                                WTAX No. 503 of 2024
                                                                      2


                                    petition is disposed of with the following directions:-

                                            (i) the petitioner(s) is/are permitted to prefer an appeal before
                                            the GST Appellate Tribunal as contemplated under section 112
                                            of the GST Act as well as under the notification issued by the
                                            Central Government i.e. Notification No. CG-DL-E-17092025-
                                            266217 dated 17.9.2025, up to the period of June 30, 2026.

                                            (ii) in case the appeal is preferred within the aforesaid period as
                                            referred herein above, the same shall be entertained without
                                            raising any objection with regard to the limitation;

                                            (iii) the Registrar of the GST Appellate Tribunal or the Officer
                                            appointed for verification of appeal shall intimate the
                                            petitioner(s) for removing the defects, if any, within a period of
                                            three weeks from the date of preferring the appeal and the
                                            defects, if any, shall be cured/removed by the petitioner(s)
                                            within a period of 30 days from the date of intimation of such
                                            defects;

                                            (iv) it is made clear that the appeal shall be decided in
                                            accordance with law on its own merits.



                                                                                               (Piyush Agrawal,J.)
                                    January 14, 2026
                                    Abhishek Gupta




Digitally signed by :-
ABHISHEK GUPTA
High Court of Judicature at Allahabad


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