Himachal Pradesh High Court: Being different financial years involving different issues composite DRC-01A and SCN under Section 74 for multiple financial years held unsustainable [Order attached]

The Himachal Pradesh High Court addressed a legal issue involving the petitioner, M/s Ekta Enterprises, and the State of Himachal Pradesh. The case revolved around the issuance of a composite intimation in Form DRC-01A, covering multiple financial years from 2017-18 to 2023-24 under Section 74 of the CGST Act. This was followed by a composite show cause notice in Form DRC-01, issued without considering the petitioner's response to the initial intimation. The petitioner argued that combining demands for different financial years with varying subject matters was not permissible under GST law. The department, however, claimed that composite notices were valid when common issues spanned multiple years.
The central issue was whether such composite notices under Section 74 of the CGST Act, involving distinct subject matters across various financial years, were legally sustainable. The High Court concluded that issuing a composite DRC-01A and DRC-01 was impermissible when the subject matters differed across financial years. The Court emphasized the need for separate intimations and show cause notices for each financial year with distinct issues.
Without delving into the tax demand's merits, the Court set aside the composite intimation and show cause notice, along with all related proceedings. However, it allowed the department to initiate fresh proceedings in compliance with the law, within a reasonable timeframe. The Court also clarified that the limitation period would not hinder these fresh proceedings, provided they commenced promptly.
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24-Jan-2026 10:38:18
The Himachal Pradesh High Court addressed a legal issue involving the petitioner, M/s Ekta Enterprises, and the State of Himachal Pradesh. The case revolved around the issuance of a composite intimation in Form DRC-01A, covering multiple financial years from 2017-18 to 2023-24 under Section 74 of the CGST Act. This was followed by a composite show cause notice in Form DRC-01, issued without considering the petitioner's response to the initial intimation. The petitioner argued that combining demands for different financial years with varying subject matters was not permissible under GST law. The department, however, claimed that composite notices were valid when common issues spanned multiple years.
The central issue was whether such composite notices under Section 74 of the CGST Act, involving distinct subject matters across various financial years, were legally sustainable. The High Court concluded that issuing a composite DRC-01A and DRC-01 was impermissible when the subject matters differed across financial years. The Court emphasized the need for separate intimations and show cause notices for each financial year with distinct issues.
Without delving into the tax demand's merits, the Court set aside the composite intimation and show cause notice, along with all related proceedings. However, it allowed the department to initiate fresh proceedings in compliance with the law, within a reasonable timeframe. The Court also clarified that the limitation period would not hinder these fresh proceedings, provided they commenced promptly.
Parties: M/s Ekta Enterprises v. State of Himachal Pradesh & Anr.
Order Date: 02 January 2026
Facts –
- The petitioner was issued a composite intimation in Form DRC-01A covering multiple financial years from 2017-18 to 2023-24 under Section 74 of the CGST Act.
- Subsequently, a composite show cause notice in Form DRC-01 was issued without considering the petitioner’s reply to the earlier intimation.
- The petitioner contended that clubbing demands for multiple financial years involving different subject matters was impermissible under the GST law.
- The department defended the action by contending that composite notices are permissible where issues are common across years.
Issue –
- Whether a composite intimation and show cause notice under Section 74 of the CGST Act covering multiple financial years involving different subject matters is legally sustainable?
Order –
- The High Court held that where subject matters across financial years are distinct, issuance of a composite DRC-01A and DRC-01 is not permissible.
- The Court observed that separate intimations and show cause notices are required for different financial years involving different issues.
- Without examining the merits of the tax demand, the Court quashed the composite intimation and show cause notice along with all consequential proceedings.
- Liberty was granted to the department to initiate fresh proceedings in accordance with law within the prescribed time.
- The Court clarified that limitation shall not bar such fresh proceedings, provided they are initiated within a reasonable period.
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