Ahuja Enterprises INDIA vs. State Of Punjab And Others
Original PDF →Facts
The petitioner, Ahuja Enterprises (India), filed a writ petition before the Punjab and Haryana High Court challenging the validity of service of a notice and an order-in-original. The petitioner contended that uploading these documents on the common GST portal under the tab ‘View Additional Notices and Orders’ does not constitute proper service. The State of Punjab and another were the respondents. The specific tax period and the amount in dispute are not recorded in the judgment. The procedural history leading to the filing of the writ petition is not detailed, other than the challenge to the method of service.
Held
The Court held that the issue raised in the present writ petition is no longer res integra and stands concluded by previous judgments of the High Court. Specifically, the Court referred to its decision in CWP-27139-2025, Luxmi Traders v. Union Territory of Chandigarh and Others, and a subsequent clarification in CWP-15601-2026, The Amar Cooperative LC Society Ltd. v. State of Haryana and Others, decided on 23.07.2026. The reasoning is that the method of service challenged by the petitioner has already been addressed and decided by the Court in these prior cases. Therefore, the instant writ petition was disposed of in the same terms as the aforementioned judgments. The operative direction was to dispose of the writ petition in line with the previous rulings, and all pending miscellaneous applications were also disposed of.
Key Issues
1. Whether uploading of a notice and an order-in-original on the common portal (www.gst.gov.in) under the tab ‘View Additional Notices and Orders’ amounts to proper service on the petitioner, in view of Section 169 read with Section 146 of the Goods and Services Tax Act, 2017? The petitioner argued that such an upload does not constitute proper service. The revenue or State did not present any arguments as the parties were ad idem that the issue was concluded by previous judgments of the High Court. The petitioner relied on the principle that proper service must be in accordance with the provisions of the GST Act. The revenue or State did not cite any specific provisions, circulars, or precedents in their defense, as they agreed with the petitioner's stance based on prior judicial pronouncements.
Sections Cited
Section 169, Section 146
AI-generated summary — verify with the full judgment below
147 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****
CWP-28210-2026 (O&M) Date of Decision: 02.09.2026 AHUJA ENTERPRISES (INDIA) ....PETITIONER(S) VERSUS STATE OF PUNJAB AND ANOTHER ….RESPONDENT(S) CORAM:- HON'BLE THE ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE YASHVIR SINGH RATHOR Present: Mr. J. S. Bedi, Advocate for the petitioner. Mr. Saurabh Kapoor, Addl. AG, Punjab. ***** ASHWANI KUMAR MISHRA, A.C.J. (Oral)
Short question that requires consideration in this writ petition is as to whether uploading of a notice as well as the order-in- original in the tab ‘View Additional Notices and Orders’, on the common portal, being www.gst.gov.in amounts to proper service of it, on the petitioner in view of Section 169 read with Section 146 of the Goods and Services Tax Act, 2017?
Learned counsel for the parties are ad idem that the present case is no longer res integra and stands concluded by the judgment of this Court in CWP-27139-2025, Luxmi Traders v. Union Territory of Chandigarh and Others. The said judgment has been further clarified by this Court in CWP-15601-2026, The Amar Cooperative LC Society Ltd. v. State of Haryana and Others, decided on 23.07.2026. 3. As the issue raised in this case is squarely covered by the judgments rendered by this Court in Luxmi Traders (supra) as further RAHUL JOSHI 2026.09.03 14:40 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD
CWP-28210-2026 (O&M)
2 clarified in The Amar Cooperative LC Society Ltd (supra), the instant writ petition is disposed of in the same terms.
All pending miscellaneous application(s), if any, shall also stand disposed of. [ASHWANI KUMAR MISHRA] ACTING CHIEF JUSTICE [YASHVIR SINGH RATHOR]
JUDGE SEPTEMBER 02, 2026 Rahul Joshi
Whether Speaking/reasoned Yes/No 2. Whether Reportable Yes/No RAHUL JOSHI 2026.09.03 14:40 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD
Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.