M/S Piscesia Power Transmission Pvt. Ltd. Thru. Director Vivek Yadav vs State of U.P. Thru. Addl. Chief Secy. Tax and Registration Lko. and 2 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT TAX No. - 1674 of 2025

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M/S Piscesia Power Transmission Pvt. Ltd. Thru. Director Vivek Yadav

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.....Petitioner(s) Versus

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State Of U.P. Thru. Addl. Chief Secy. Tax And Registration Lko. And 2 Others .....Respondent(s) Counsel for Petitioner(s) : Sudhir Kumar Pandey, Pradeep Kumar Yadav, Rahul Counsel for Respondent(s) : C.S.C. Court No. - 6

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HON'BLE JASPREET SINGH, J.

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Heard learned counsel for the petitioner who has filed a supplementary affidavit and the same is taken on record as well as the learned Additional Chief Standing Counsel for the State-respondents.

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By means of the instant petition, the petitioner has assailed the impugned order dated 18.11.2025 passed by the First Appellate authority i.e respondent no.3 whereby the order passed by the adjudicating authority has been affirmed.

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Learned Additional Chief Standing Counsel for the State-respondents at the outset has submitted that the petitioner has adequate statutory remedy for filing a second appeal before the Tribunal. It has also been pointed out that earlier the writ petitions were being entertained as the Tribunal was not functioning. However, the Tribunal has now been properly constituted and in so far as the issue of limitation is concerned, in terms of the Notification dated 17th September, 2025 all appeals before the Tribunal would be treated to be within time uptill 30th June, 2026. The relevant portion of the aforesaid notification is being reproduced herein below:-"

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"In exercise of the powers conferred by sub-section (1) of section 112 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Government, on the recommendations of the Council, hereby notifies the 30th day of June, 2026, as the date upto which appeal may be filed before the Appellate Tribunal under this Act in respect of all cases where the order sought to be appealed against is communicated to the person preferring the appeal before the 1 day of April, 2026 and all appeals in respect of order communicated on or after 1 April, 2026 may be filed before the Appellate Tribunal within three months from the date on which such order is communicated to the person preferring the appeal."

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WTAX No. 1674 of 2025

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2

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It is thus urged that in view thereof the petitioner has the statutory remedy which can be availed.

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The learned counsel for the petitioner though attempted to make submissions but could not dispute the fact that the Tribunal has been constituted and in terms of the notification he has the limitation as well.

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In view of the aforesaid, this Court does not find it appropriate to entertain the petition which is accordingly dismissed, leaving it open for the petitioner to file the second appeal before the Tribunal. In case such an appeal is filed before the Tribunal, the same shall be decided on its own merit. It is clarified that the Court has not examined the merits and the petition has been declined only on the ground of alternate remedy.

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(Jaspreet Singh,J.)

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January 12, 2026

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Asheesh

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Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

M/S Piscesia Power Transmission Pvt. Ltd. Thru. Director Vivek Yadav v. State of U.P. Thru. Addl. Chief Secy. Tax and Registration Lko. and 2 Others

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M/S Piscesia Power Transmission Pvt. Ltd. Thru. Director Vivek Yadav v. State of U.P. Thru. Addl. Chief Secy. Tax and Registration Lko. and 2 Others

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