Wintech Engineers Private Limited vs. Deputy/Assistant Commissioner And Others

CWP/35783/2025HC Punjab and HaryanaGSTCNR PHHC01194364202517 September 2026Bench: JUSTICE (TO BE NOMINATED),MR. JUSTICE ROHIT KAPOOR2 pages
AI SummaryAllowed

Held

The High Court held that the order-in-original was never properly served, as mere uploading on the GST portal is insufficient and the alternative postal service also failed. The petition was disposed of in terms of its previous judgment in Luxmi Traders.

Facts

The petitioner challenged an order-in-original, contending it was only uploaded on the GST portal and never physically served. The Revenue stated the order was also dispatched via registered post but was returned undelivered as the petitioner had ceased commercial activities from the disclosed address.

Key Issues

The key legal issue was the sufficiency of service of an order-in-original, specifically whether uploading it on the GST portal constitutes valid service, especially when physical delivery attempts fail.

AI-generated summary — verify with the full judgment below

240 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-35783-2025 (O&M) Date of Decision: 17th September, 2026. WINTECH ENGINEERS PVT. LTD.

.…...Petitioner(s) V/s

DEPUTY/ASSISTANT COMMISSIONER, DIVISION EAST-1, GST GURUGRAM AND OTHERS

......Respondent(s)

CORAM: HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE ROHIT KAPOOR

Present Ms. Radhika Suri, Senior Advocate, assisted by

Mr. Abhinav Narang, Advocate, for the petitioner(s).

Ms. Ridhi Bansal, Junior Standing Counsel, Ms. Sidhi Bansal, Advocate, for respondents-Revenue.

Mr. Sourabh Goel, Addl. A.G., Haryana. for respondent No.4. ****

ASHWANI KUMAR MISHRA, CHIEF JUSTICE (Oral)

1.

Apart from other grounds urged by the learned Senior Counsel appearing on behalf of the petitioner, it was contended that the order-in-original passed by the authorities were actually never served upon the petitioner and it was merely uploaded on the GST portal. Reliance is placed on the judgement passed by this Court in Luxmi Traders v/s Union Territory of Chandigarh and Others to submit that the service of order would not be sufficient merely because it was upl

The judgment continues below.

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