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
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
DUE ADMISSION - 1
DUE ADMISSION - 1
FOR CIRCULATION
AT 3.00 P.M.
HIGH ON BOARD (HOB)
| Date | Purpose |
|---|---|
| 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
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.
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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