AVISHA EXIM vs UNION OF INDIA THR THE SECRETARY MINISTRY OF LAW AND JUSTICE AND ANR — WP/17765/2025
Case under Central Goods and Services Tax Act,2017 Section NA. Next hearing: 09th July 2026.
CNR: HCBM010644612025
Next Hearing
09th July 2026
Filing Number
WP/39609/2025
Filing Date
12-12-2025
Registration No
WP/17765/2025
Registration Date
30-12-2025
Judge
HON'BLE THE CHIEF JUSTICE , HON'BLE SHRI JUSTICE SUMAN SHYAM
Coram
HON'BLE THE CHIEF JUSTICE , HON'BLE SHRI JUSTICE SUMAN SHYAM
Bench Type
Division
Category
INDIRECT TAXES ( 17 )
Sub-Category
GST Goods and Services Tax ( 100 )
Judicial Branch
Civil
Acts & Sections
Petitioner(s)
AVISHA EXIM
Adv. Brijesh Pathak
Respondent(s)
UNION OF INDIA THR THE SECRETARY MINISTRY OF LAW AND JUSTICE AND ANR
ASSISTANT COMMISSIONER
Hearing History
Judge: HON'BLE THE CHIEF JUSTICE , HON'BLE SHRI JUSTICE SUMAN SHYAM
DUE ADMISSION - 1
AT 3.00 P.M.
AT 3.00 P.M.
| Date | Purpose |
|---|---|
| 09-07-2026 | DUE ADMISSION - 1 |
| 13-02-2026 | AT 3.00 P.M. |
| 12-02-2026 | AT 3.00 P.M. |
Orders
Summary of WP/17765/2025 – AVISHA EXIM v. Union of India Case Information - Petitioner: AVISHA EXIM - Respondents: Union of India through Secretary, Ministry of Law & Justice; Assistant Commissioner, Mumbai South Commissionerate - Court: Bombay High Court - Judgment Date: 17 April 2026 Key Issue The primary issue concerns the validity of consolidated/consolidated show-cause notices issued under Sections 73/74 of the CGST Act, 2017 that bundle multiple financial years together, contrary to petitioner's contention that each financial year requires separate notice and assessment. Court's Decision REFERRED TO LARGER BENCH – The Division Bench (G.S. Kulkarni & Aarti Sathe, JJ.) did not dismiss the petitions but instead identified significant legal issues requiring larger bench consideration. The court held that: 1. Consolidated notices ARE permissible under Sections 73/74 CGST Act 2. The limitation period in Section 73(10)/74(10) applies to passing orders, not issuing notices 3. Section 160 CGST Act protects consolidated notices from defects Outcome - Petitions: Referred for Larger Bench determination - Interim Orders: Continue until Larger Bench decides - Five questions of law identified for larger bench consideration regarding the authority to issue consolidated show-cause notices across multiple financial years This case analysis is maintained by casestatus.in based on publicly available court records.
Summary of WP/17765/2025 – AVISHA EXIM v. Union of India Case Information - Petitioner: AVISHA EXIM - Respondents: Union of India through Secretary, Ministry of Law & Justice; Assistant Commissioner, Mumbai South Commissionerate - Court: Bombay High Court - Judgment Date: 17 April 2026 Key Issue The primary issue concerns the validity of consolidated/consolidated show-cause notices issued under Sections 73/74 of the CGST Act, 2017 that bundle multiple financial years together, contrary to petitioner's contention that each financial year requires separate notice and assessment. Court's Decision REFERRED TO LARGER BENCH – The Division Bench (G.S. Kulkarni & Aarti Sathe, JJ.) did not dismiss the petitions but instead identified significant legal issues requiring larger bench consideration. The court held that: 1. Consolidated notices ARE permissible under Sections 73/74 CGST Act 2. The limitation period in Section 73(10)/74(10) applies to passing orders, not issuing notices 3. Section 160 CGST Act protects consolidated notices from defects Outcome - Petitions: Referred for Larger Bench determination - Interim Orders: Continue until Larger Bench decides - Five questions of law identified for larger bench consideration regarding the authority to issue consolidated show-cause notices across multiple financial years This case analysis is maintained by casestatus.in based on publicly available court records.
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