Shree Bankey Bihari vs. State Of Haryana And Others
Original PDF →Facts
The petitioner, M/s Shree Bankey Bihari, Faridabad, 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 in the 'View Additional Notices and Orders' tab on the common portal, www.gst.gov.in, did not constitute proper service. The revenue, represented by the State of Haryana and others, was the respondent. The tax period(s) and the specific amount in dispute are not recorded in the judgment. The procedural history is limited to the filing of the writ petition.
Held
The Court held that the issue raised in the present writ petition was squarely covered by its previous 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. The reasoning behind these prior judgments, which the present case followed, likely addressed the interpretation of Section 169 read with Section 146 of the GST Act concerning the validity of service through the GST portal. The ratio decidendi would be that service effected by uploading documents on the GST portal, as per the prescribed procedure, is considered valid service. Consequently, the writ petition was disposed of in the same terms as the aforementioned judgments, implying that the petitioner's challenge to the service was either upheld or dismissed based on the precedent. No specific operative directions beyond disposing of the petition were detailed, and no issues were expressly left undecided.
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? The petitioner argued that such uploading does not constitute proper service. The revenue did not present any specific arguments, but the court noted that the parties were 'ad idem' (in agreement) that the matter was concluded by previous judgments. The court relied on its own prior decisions 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, which clarified the issue.
Sections Cited
Section 169, Section 146
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 213-222 Date of Decision: 1 Date of Decision: 1 Date of Decision: 1 Date of Decision: 14.08.2026 .08.2026 .08.2026 .08.2026
M/S SHREE BANKEY BIHARI, FARIDABAD ....PETITIONER(S)
VERSUS
STATE OF HARYANA AND OTHERS ….RESPONDENT(S) CORAM:- HON'BLE THE ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE ROHIT KAPOOR
***** Present: Mr. Rishab Singla, Advocate for the petitioner.
Mr. Sourabh Goel, Addl. A.G. Haryana.
Mr. Sourabh Goel, Sr. Standing Counsel with Ms. Himanshi Gautam, Advocate &
Ms. Drishti Saraf, Advocate for respondents- UOI. ***** 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 Tr Luxmi Tr Luxmi Tr Luxmi Traders v. Union Territory of aders v. Union Territory of aders v. Union Territory of aders v. Union Territory of Chandigarh and Others Chandigarh and Others Chandigarh and Others Chandigarh and Others. The said judgment has been further clarified by this Court in CWP-15601-2026, The Amar Cooperative LC Society Ltd. The Amar Cooperative LC Society Ltd. The Amar Cooperative LC Society Ltd. The Amar Cooperative LC Society Ltd. RAJ KUMAR 2026.08.20 11:06 I attest to the accuracy and integrity of this document -2-
v. State of Haryana and Others v. State of Haryana and Others v. State of Haryana and Others 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 Luxmi Traders Luxmi Traders Luxmi Traders (supra) as further clarified inThe Amar Cooperative LC Society Ltd The Amar Cooperative LC Society Ltd The Amar Cooperative LC Society Ltd The Amar Cooperative LC Society Ltd (supra), the instant writ petition is disposed of disposed of disposed of disposed of in the same terms.
( ASHWANI KUMAR MISHRA ) ( ASHWANI KUMAR MISHRA ) ( ASHWANI KUMAR MISHRA ) ( ASHWANI KUMAR MISHRA ) ACTING ACTING ACTING ACTING CHIEF JUSTICE CHIEF JUSTICE CHIEF JUSTICE CHIEF JUSTICE
14 14 14 14.08. .08. .08. .08.2026 2026 2026 2026 ‘raj’ ( ROHIT KAPOOR ) ( ROHIT KAPOOR ) ( ROHIT KAPOOR ) ( ROHIT KAPOOR ) JUDGE JUDGE JUDGE JUDGE
Whether speaking/reasoned:
Yes
No Whether Reportable:
Yes
No RAJ KUMAR 2026.08.20 11:06 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.