Ms Sumit Industries vs. State Of Haryana And Others

Original PDF →
CWP/27366/2025HC Punjab and HaryanaGSTCNR PHHC01145363202527 August 2026Bench: JUSTICE (TO BE NOMINATED),MR. JUSTICE ROHIT KAPOOR2 pages
AI SummaryRemanded

Facts

The petitioner, M/s Sumit Industries, filed a writ petition before the Punjab and Haryana High Court challenging the validity of an order-in-original. The core of the dispute revolved around whether uploading a notice and order on the common portal, www.gst.gov.in, under the tab 'View Notices and Orders', constituted proper service on the petitioner in accordance with Section 169 of the Goods and Services Tax Act, 2017. The revenue, represented by the State of Haryana and others, was the respondent. The tax period was not explicitly stated, nor was the specific amount in dispute. The procedural history indicates this is a writ petition filed directly before the High Court.

Held

The Court held that the present case was squarely covered by the judgments previously rendered by the High Court in Luxmi Traders v. Union Territory of Chandigarh and another, and further clarified in The Amar Cooperative LC Society Ltd. v. State of Haryana and others. The Court did not independently analyze the facts or the law but relied on its prior decisions. The reasoning was that the parties were in agreement (ad idem) that the issue raised in this writ petition was identical to those decided in the cited cases. Consequently, the Court disposed of the instant writ petition in the same terms as the previous judgments. The operative direction was to dispose of the writ petition in terms of the earlier judgments. No specific issue was left undecided, as the Court found the matter concluded by precedent.

Key Issues

1. Whether uploading a notice and order on the common GST portal under the 'View Notices and Orders' tab amounts to proper service on the petitioner, in view of Section 169 of the Goods and Services Tax Act, 2017? Petitioner's contention: The petitioner argued that such an upload did not constitute proper service. Revenue's contention: The revenue, along with the State of Haryana, contended that the issue was already decided by this Court. They relied on the judgment in Luxmi Traders v. Union Territory of Chandigarh and another, decided on 23.07.2025, and a subsequent clarification in The Amar Cooperative LC Society Ltd. v. State of Haryana and others, decided on 27.07.2026. The parties were stated to be ad idem that the case was squarely covered by these precedents.

Sections Cited

Section 169

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
` 246 I M/s Sumit Ind State of Harya CORAM: H H Present: M M ASHWANI K 1. S whether uploa Additional No amounts to pr Section 146 o 2. L no longer res CWP-27139-2 Others. The 15601-2026, Others, decid 3. A IN THE HIGH COURT OF PUNJ AT CHANDIG CWP-2 Date of dustries Vs. ana and others HON’BLE THE ACTING CHIE HON’BLE MR. JUSTICE ROH Mr. Umang Goyal, Advocate for Mr. Sourabh Goel, Addl. AG, Ha *** KUMAR MISHRA, A.C.J. (Oral Short question that requires cons ading of a notice as well as the otices and Orders’, on the com roper service of it, on the petition of the Goods and Services Tax A Learned counsel for the parties s integra and stands concluded 2025, Luxmi Traders v. Unio said judgment has been furthe The Amar Cooperative LC Soc ded on 23.07.2026. As the issue raised in this case is JAB AND HARYANA GARH 27366-2025 (O&M) f Decision: 27.08.2026 …Petitioner …Respondents EF JUSTICE HIT KAPOOR r the petitioner. aryana. l) ideration in this writ petition is a e order-in-original in the tab ‘V mmon portal, being www.gst.go ner in view of Section 169 read w Act, 2017? are ad idem that the present cas d by the judgment of this Cour on Territory of Chandigarh er clarified by this Court in CW ciety Ltd. v. State of Haryana s squarely covered by the judgm as to View ov.in with se is rt in and WP- and ments RAJESH KUMAR 2026.08.31 09:37 I attest the accuracy and

authenticity of this order/judgment.

CWP-27366-2025 (O&M) [2]

rendered by this Court in Luxmi Traders (supra) as further clarified in The Amar Cooperative LC Society Ltd (supra), the instant writ petition is disposed of in the same terms.

4.

Pending application(s), if any, shall stand disposed of accordingly.

(ASHWANI KUMAR MISHRA)

ACTING CHIEF JUSTICE

(ROHIT KAPOOR)

JUDGE 27.08.2026 rajesh

1.

Whether speaking/reasoned? : Yes/No 2. Whether reportable?

: Yes/No RAJESH KUMAR 2026.08.31 09:37 I attest the accuracy and authenticity of this order/judgment.

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.