Kala Daulat Mehta vs Union of India — WP/1878/2025

Case under Central Goods and Service Tax Act Section 74. Next hearing: 29th July 2026.

CNR: HCBM020116722025

Next Hearing

29th July 2026

e-Filing Number

09-04-2025

Filing Number

WP/11672/2025

Filing Date

15-04-2025

Registration No

WP/1878/2025

Registration Date

27-05-2025

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

Original

Acts & Sections

Central Goods and Service Tax Act Section 74

Petitioner(s)

Kala Daulat Mehta

Adv. Brijesh Pathak

Respondent(s)

Union of India

Additional Director DGGI

Adv. DAS SUMAN KUMAR

Additional Commissioner CGST

Adv. DAS SUMAN KUMAR

Hearing History

Judge: HON'BLE THE CHIEF JUSTICE , HON'BLE SHRI JUSTICE SUMAN SHYAM

29-07-2026

DUE ADMISSION - 1

13-02-2026

AT 3.00 P.M.

18-02-2026

HIGH ON BOARD (HOB)

Orders

17-04-2026
HON'BLE SHRI JUSTICE G. S. KULKARNI,HON'BLE MS JUSTICE AARTI A. SATHE

SUMMARY: WP/1878/2025 – Kala Daulat Mehta v. Union of India Case Status: REFERRED TO LARGER BENCH – Petitions dismissed with questions of law reserved for larger bench consideration. Key Issue: Whether the GST Department can issue a single consolidated show-cause notice under Sections 73/74 of the CGST Act covering multiple financial years, or whether separate notices must be issued for each year. Outcome: The Division Bench (Kulkarni & Sathe, JJ.) found significant legal issues deserving larger bench consideration. The court noted conflicting decisions across high courts—Bombay (Milroc), Kerala, Madras, and Karnataka holding consolidated notices impermissible, while Delhi and Allahabad High Courts held them permissible. The Supreme Court's dismissal of the Special Leave Petition in Mathur Polymers (November 2025) added weight to the permissibility view. The court deferred final adjudication and referred five key constitutional/statutory questions to a larger bench, with all existing interim orders continuing pending the larger bench decision. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

SUMMARY: WP/1878/2025 – Kala Daulat Mehta v. Union of India Case Status: REFERRED TO LARGER BENCH – Petitions dismissed with questions of law reserved for larger bench consideration. Key Issue: Whether the GST Department can issue a single consolidated show-cause notice under Sections 73/74 of the CGST Act covering multiple financial years, or whether separate notices must be issued for each year. Outcome: The Division Bench (Kulkarni & Sathe, JJ.) found significant legal issues deserving larger bench consideration. The court noted conflicting decisions across high courts—Bombay (Milroc), Kerala, Madras, and Karnataka holding consolidated notices impermissible, while Delhi and Allahabad High Courts held them permissible. The Supreme Court's dismissal of the Special Leave Petition in Mathur Polymers (November 2025) added weight to the permissibility view. The court deferred final adjudication and referred five key constitutional/statutory questions to a larger bench, with all existing interim orders continuing pending the larger bench decision. This case analysis is maintained by casestatus.in based on publicly available court records.

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