M/S Jmd Engineers vs. State Of Haryana And Others

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CWP/39084/2025HC Punjab and HaryanaGSTCNR PHHC01209863202514 August 2026Bench: JUSTICE (TO BE NOMINATED),MR. JUSTICE ROHIT KAPOOR2 pages
AI SummaryRemanded

Facts

The petitioner, M/s JMD Engineers, Faridabad, 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 petitioner contended that uploading these documents in the 'View Additional Notices and Orders' tab on the common GST portal (www.gst.gov.in) does not constitute proper service. The respondents were the State of Haryana and others, including the Union of India. The specific tax period and the amount in dispute were not explicitly stated in the provided text. The procedural history indicates that the petitioner approached the High Court via a writ petition.

Held

The Court held that the issue raised in the present writ petition is squarely covered by previous judgments of the same 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. Based on these precedents, the Court found that the method of service employed, i.e., uploading notices and orders on the GST portal, was considered in those judgments. The ratio decidendi from the cited cases would dictate the outcome here. The Court did not delve into the specifics of Section 169 or Section 146 in this particular judgment but relied on the established legal position from its prior rulings. 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 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 an upload does not constitute proper service. The revenue or State did not present any arguments as the matter was considered concluded by previous judgments of the Court. The petitioner relied on the principle that service must be effective and bring the notice to the attention of the assessee, which is not guaranteed by mere uploading on a portal without further notification. The Court was asked to decide if the statutory provisions for service were met by this method of communication.

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 213-305 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 JMD ENGINEERS, 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)

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 Luxmi Traders v Luxmi Traders v Luxmi Traders v. Union Territory of . Union Territory of . Union Territory of . 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. 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. RAJ KUMAR 2026.08.20 11:24 I attest to the accuracy and integrity of this document -2-

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 CHIEF ACTING CHIEF ACTING CHIEF ACTING CHIEF JUSTICE JUSTICE JUSTICE 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 11:24 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.