Ms Hks Shuttering Store vs. State Of Punjab And Others

Original PDF →
CWP/27345/2026HC Punjab and HaryanaGSTCNR PHHC01141318202626 August 2026Bench: JUSTICE (TO BE NOMINATED),MR. JUSTICE ROHIT KAPOOR2 pages
AI SummaryRemanded

Facts

The petitioner, M/s HKS Shuttering Store, 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 core of the dispute revolves around whether uploading these documents in the 'View Additional Notices and Orders' tab on the common GST portal (www.gst.gov.in) constitutes proper service on the petitioner, as per Section 169 read with Section 146 of the Goods and Services Tax Act, 2017. The revenue or State is the respondent. The tax period and the specific amount in dispute are not recorded in the judgment. The procedural history indicates this is a writ petition filed directly before the High Court.

Held

The Court held that the issue raised in the present writ petition was squarely covered by its previous judgments in Luxmi Traders (supra) and The Amar Cooperative LC Society Ltd (supra). Consequently, the instant writ petition was disposed of in the same terms as those prior judgments. The reasoning implies that the Court's prior decisions established the legal position on whether uploading documents on the GST portal constitutes proper service. While the specific findings of the prior judgments are not detailed in this excerpt, the reliance on them indicates that the Court found the method of service to be either proper or improper based on the principles laid down in those cases. The ratio decidendi would be that a matter already decided by a coordinate bench of this Court, and further clarified in subsequent judgments, binds subsequent petitions raising identical issues. The operative direction was to dispose of the petition in terms of the aforementioned judgments, implying the relief granted would align with those precedents.

Key Issues

1. Whether uploading of a notice and an order-in-original in the 'View Additional Notices and Orders' tab on the common GST portal (www.gst.gov.in) amounts to proper service of such notice and order 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 uploading does not constitute proper service. The revenue or State did not present any arguments as the parties were ad idem that the issue was already decided by this Court. The Court noted that the present case was no longer res integra and stood concluded by previous judgments of the High Court. Specifically, the Court referred to its own judgments in CWP-27139-2025, Luxmi Traders v. Union Territory of Chandigarh and Others, and CWP-15601-2026, The Amar Cooperative LC Society Ltd. v. State of Haryana and Others, decided on 23.07.2026.

Sections Cited

Section 169, Section 146

AI-generated summary — verify with the full judgment below

146 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-27345-2026 (O&M) Date of Decision: 26th August, 2026. M/S HKS SHUTTERING STORE

.…...Petitioner(s) V/s STATE OF PUNJAB AND OTHERS

......Respondent(s)

CORAM: HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE ROHIT KAPOOR

(Through Video Conference/Hybrid Mode)

Present Mr. Navdeep Monga, Advocate, for the petitioner. (appeared through VC)

Mr. Saurabh Kapoor, Addl. A.G., Punjab.

****

ASHWANI KUMAR MISHRA, A.C.J. (Oral)

1.

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?

2.

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. SURESH KUMAR 2026.09.02 09:31 I attest to the accuracy and integrity of this document

CWP-27345-2026 (O&M)

3.

As the issue raised in this case is squarely covered by the judgments 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

August 26, 2026 Ess Kay

Whether speaking / reasoned :

Yes / No Whether Reportable

:

Yes / No SURESH KUMAR 2026.09.02 09:31 I attest to the accuracy and integrity of this document

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.