Fidesta Logistics Private Limited vs Union Of India — WP/4894/2024

Case under Central Goods and Service Tax Act Section Section74. Next hearing: 29th July 2026.

CNR: HCBM020293322024

Next Hearing

29th July 2026

e-Filing Number

24-09-2024

Filing Number

WP/29325/2024

Filing Date

24-09-2024

Registration No

WP/4894/2024

Registration Date

08-11-2024

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 Section74

Petitioner(s)

Fidesta Logistics Private Limited

Adv. UBR Legal

Respondent(s)

Union Of India

Adv. ,Kavita Shukla ,Kavita Shukla 1123

State of Maharashtra

Additional Commissioner of Central GST and Central Excise

Hearing History

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

25-02-2025

DUE ADMISSION - 1

29-07-2026

DUE ADMISSION - 1

26-03-2026

FOR CIRCULATION

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 of WP/4894/2024 - Fidesta Logistics Private Limited v. Union of India Case Status: REFERRED TO LARGER BENCH Court: Bombay High Court (Division Bench) Judges: G.S. Kulkarni & Aarti Sathe, JJ. Date: 17 April 2026 --- Key Issue Whether consolidated/bunched show-cause notices covering multiple financial years can be issued under Sections 73/74 of the Central Goods and Services Tax Act, 2017 (CGST Act). --- Current Position The Court has NOT decided the main issue on merits but has referred the matter to a Larger Bench due to conflicting High Court decisions and significant legal questions requiring authoritative resolution. --- Critical Finding The Division Bench noted irreconcilable conflict in judicial precedent: - Milroc Good Earth Developers (Bombay HC): Consolidated notices impermissible - Mathur Polymers & Ambika Traders (Delhi HC): Consolidated notices permissible - S.A. Aromatics (Allahabad HC): Consolidated notices permissible The Supreme Court dismissed the SLP in Mathur Polymers (7 Nov 2025) without interfering, giving implied approval to consolidated notices. --- Questions Referred to Larger Bench 1. Whether sub-section (10) of Sections 73/74 controls sub-section (1), prohibiting consolidated notices 2. Whether sub-section (10) per se prohibits consolidated notices for multiple years 3. Effect of Section 160 on consolidated show-cause notices 4. Whether Milroc decision correctly states the law 5. Legal position established by Supreme Court's Mathur Polymers order under Article 141 --- Interim Relief All existing interim orders continue until the Larger Bench decides the issues. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary of WP/4894/2024 - Fidesta Logistics Private Limited v. Union of India Case Status: REFERRED TO LARGER BENCH Court: Bombay High Court (Division Bench) Judges: G.S. Kulkarni & Aarti Sathe, JJ. Date: 17 April 2026 --- Key Issue Whether consolidated/bunched show-cause notices covering multiple financial years can be issued under Sections 73/74 of the Central Goods and Services Tax Act, 2017 (CGST Act). --- Current Position The Court has NOT decided the main issue on merits but has referred the matter to a Larger Bench due to conflicting High Court decisions and significant legal questions requiring authoritative resolution. --- Critical Finding The Division Bench noted irreconcilable conflict in judicial precedent: - Milroc Good Earth Developers (Bombay HC): Consolidated notices impermissible - Mathur Polymers & Ambika Traders (Delhi HC): Consolidated notices permissible - S.A. Aromatics (Allahabad HC): Consolidated notices permissible The Supreme Court dismissed the SLP in Mathur Polymers (7 Nov 2025) without interfering, giving implied approval to consolidated notices. --- Questions Referred to Larger Bench 1. Whether sub-section (10) of Sections 73/74 controls sub-section (1), prohibiting consolidated notices 2. Whether sub-section (10) per se prohibits consolidated notices for multiple years 3. Effect of Section 160 on consolidated show-cause notices 4. Whether Milroc decision correctly states the law 5. Legal position established by Supreme Court's Mathur Polymers order under Article 141 --- Interim Relief All existing interim orders continue until the Larger Bench decides the issues. This case analysis is maintained by casestatus.in based on publicly available court records.

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