D K Telecom vs. Union Of INDIA And Others
Original PDF →Facts
The petitioner, D.K. Telecom, 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 GST portal under the tab ‘View Additional Notices and Orders’ did not constitute proper service. The revenue, represented by the Union of India and others, was the respondent. The tax periods and the specific authority that passed the order were not explicitly detailed in the provided text. The procedural history indicates that this writ petition was filed to seek clarification on the issue of service of notices on the GST portal.
Held
The Court held that the issue raised in the present writ petition is squarely covered by its previous judgments. Specifically, the Court referred to its decision in CWP-27139-2023, Luxmi Traders v. Union of India and Others, and the further clarification provided in CWP-15601-2026, The Amar Cooperative LC Society Ltd. v. State of Haryana and Others. The reasoning is that these prior judgments have already determined the question of whether uploading notices and orders on the GST portal under the specified tab constitutes proper service. Therefore, the Court found no need to re-examine the issue. The ratio decidendi is that the established precedent of this Court on the mode of service through the GST portal is binding. The operative direction was to dispose of the instant writ petition in the same terms as the aforementioned judgments.
Key Issues
1. Whether uploading of a notice and an order-in-original on the common portal, specifically under the tab ‘View Additional Notices and Orders’, amounts to proper service in view of Section 169 read with Section 146 of the Goods and Services Tax Act, 2017? Petitioner's Contention: The petitioner argued that such uploading does not constitute proper service. Revenue's Contention: The revenue's counsel stated that the issue is no longer res integra and has been concluded by previous judgments of this Court. They relied on the judgments in CWP-27139-2023 (Luxmi Traders v. Union of India and Others) and CWP-15601-2026 (The Amar Cooperative LC Society Ltd. v. State of Haryana and Others).
Sections Cited
Section 169, Section 146
AI-generated summary — verify with the full judgment below
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HON'BLE THE ACTING CHIEF J HON'BLE MR. JUSTICE ROHIT K Mr. Chetan Jain, Advocate and Mr. Porush Jain, Advocate, for the petitioner(s). Mr. Sourabh Goel, Senior Stand Ms. Himanshi Gautam, Advocat Ms. Drishti Saraf, Advocate for Mr. Saurabh Kapoor, Addl. A.G., **** UMAR MISHRA, A.C.J. (Oral) Short question that requires s to whether uploading of a no he tab ‘View Additional Notices g www.gst.gov.in amounts to n view of Section 169 read wi Tax Act, 2017? Learned counsel for the par e is no longer res integra an this Court in CWP-27139-202 f Chandigarh and Others. T ified by this Court in CW
JAB AND HARYANA AT H CWP-4049-2026 (O&M) f Decision:14thAugust, 2026. .…...Petitioner(s) V/s ......Respondent(s) JUSTICE KAPOOR ding Counsel, UOI, with te, and the respondent(s)-UOI. , Punjab. consideration in this writ otice as well as the order-in- and Orders’, on the common proper service of it, on the th Section 146 of the Goods rties are ad idem that the nd stands concluded by the 25, Luxmi Traders v. Union he said judgment has been WP-15601-2026, The Amar VANDANA YADAV 2026.08.19 17:01 I attest to the accuracy and integrity of this document
CWP-4049-2026 (O&M) 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 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 14, 2026 Rajesh/Vandana Yadav
Whether speaking / reasoned :
Yes / No Whether Reportable
:
Yes / No VANDANA YADAV 2026.08.19 17:01 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.