Ritesh And Company vs. State Of Punjab And Others
Original PDF →Facts
The petitioner, Ritesh and Company, filed a writ petition before the High Court of Punjab and Haryana 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 (www.gst.gov.in) under the 'View Additional Notices and Orders' tab did not constitute proper service. The revenue, represented by the State of Punjab and others, was the respondent. The specific tax period and the amount in dispute are not recorded in the judgment. The procedural history is limited to the filing of this writ petition.
Held
The Court held that the issue raised in the present writ petition is squarely covered 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 ratio decidendi from these cases, which the present case follows, is that uploading of notices and orders on the GST portal under the specified tab does not amount to proper service. Therefore, the instant writ petition was disposed of in the same terms as the aforementioned judgments. The operative direction was to dispose of the petition in line with the precedents, implying relief for the petitioner based on the established legal position regarding service of notices and orders.
Key Issues
1. Whether uploading of a notice and an order-in-original in the 'View Additional Notices and Orders' tab on the common portal (www.gst.gov.in) amounts to proper service on the petitioner, in view of Section 169 read with Section 146 of the Goods and Services Tax Act, 2017? Petitioner's Argument: The petitioner argued that such an upload does not constitute proper service. Revenue's Argument: The revenue did not present any argument, as the parties were ad idem that the issue was concluded by previous judgments of the High Court. The judgment notes that the parties are 'ad idem' (in agreement) that the case is concluded by prior judgments, implying the revenue likely agreed with the petitioner's stance based on those precedents.
Sections Cited
Section 169, Section 146
AI-generated summary — verify with the full judgment below
152 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-25892-2026 (O&M) Date of Decision: 17th August, 2026. RITESH AND COMPANY
.…...Petitioner(s) V/s STATE OF PUNJAB AND OTHERS
......Respondent(s)
CORAM: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE ROHIT KAPOOR
Present Mr. Vishav Bharti Gupta, Advocate, for the petitioner(s).
Mr. Saurabh Kapoor, Addl. A.G., 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. SURESH KUMAR 2026.08.19 09:29 I attest to the accuracy and integrity of this document
CWP-25892-2026 (O&M)
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.
Pending application(s), if any, shall stand disposed of accordingly.
[ASHWANI KUMAR MISHRA] ACTING CHIEF JUSTICE
[ROHIT KAPOOR] JUDGE
August 17, 2026 Ess Kay
Whether speaking / reasoned :
Yes / No Whether Reportable
:
Yes / No SURESH KUMAR 2026.08.19 09:29 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.