Madras High Court
Tax LawAdministrative and Public Law

When GST portal notices go unanswered, officers should pursue alternative statutory modes of service.

Shree Lakshmi Steels and Hardwares vs State Tax Officer,

Madras High CourtJUDGMENT: October 08, 20262 MIN READSOURCE JUDGMENT
When GST portal notices go unanswered, officers should pursue alternative statutory modes of service.. Shree Lakshmi Steels and Hardwares vs State Tax Officer,. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner challenged the assessment order dated 9 April 2026 and the corresponding Form GST DRC-07 summary.

Source reference: no citation

After an earlier assessment order had been set aside by the High Court, the respondent issued a fresh notice and show-cause notice, which were uploaded on the GST portal.

Source reference: p. 2–3, 4

The petitioner said it was unaware of those notices, had not received physical copies, and was not afforded a personal hearing before the impugned order was passed.

Source reference: p. 2–3, 4

The petitioner offered to pay 25% of the disputed tax, and the respondent agreed to remand subject to that payment.

Source reference: p. 3
02

Issues

Whether the impugned assessment order should be set aside and the matter remanded where the notices were uploaded on the GST portal, but the petitioner claimed lack of notice and no personal hearing.

Source reference: p. 4–5

Whether remand should be conditional on the petitioner depositing 25% of the disputed tax.

Source reference: p. 5
03

Law Applied

Section 169(1) of the GST Act recognises prescribed modes of service, including service through the GST portal and other available modes.

Source reference: p. 4–5

Portal upload constitutes sufficient service; however, where a taxpayer does not respond to notices sent through one mode, the officer should consider other prescribed modes—preferably RPAD—to make service effective, rather than treating procedural compliance as an empty formality.

Source reference: p. 4–5

The Court also applied the principle that an assessment should not be concluded without a meaningful opportunity to respond and be heard.

Source reference: p. 4

No precedent was cited.

Source reference: no citation
04

Reasoning

The Court accepted that the notices had been uploaded to the GST portal, but considered the petitioner’s claim that it was unaware of them and that no personal hearing had been provided.

Source reference: p. 4

It held that where repeated portal notices receive no response, the officer should explore other modes of service under Section 169(1), preferably RPAD, to ensure effective notice and avoid ex parte orders and further litigation.

Source reference: p. 4–5

Given the petitioner’s undertaking to pay 25% of the disputed tax, the Court found remand appropriate.

Source reference: p. 5
05

Holding

The Court set aside the impugned orders and remanded the matter for fresh consideration, conditional on the petitioner paying 25% of the disputed tax within four weeks of receiving the order; the setting aside takes effect from the date of payment.

The petitioner must file its reply and supporting documents within three weeks of payment.

Source reference: p. 6

The respondent must then give 14 clear days’ notice fixing a personal hearing and pass a fresh order on the merits and in accordance with law.

Source reference: p. 6

The writ petition was disposed of without costs.

Source reference: p. 6
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Central Goods and Services Tax Act, 20171

Madras High Court

Original Court PDF

Shree Lakshmi Steels and HardwaresvsState Tax Officer,

Madras High Court · October 08, 2026

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