Comnr,Central Excise vs. Tata Iron And Steel Co

OTAPL/14/2010HC OrissaGSTCNR ODHC01004824201013 December 2022Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN1 pages
AI SummaryDismissed

Held

The Court held that all the present appeals (OTAPL Nos. 20, 11, 13, 14, 15, 16, 17 & 18 of 2010) are to be dismissed. This decision is based entirely on the Court's prior judgment dated 29th November, 2022, rendered in a connected matter involving the same appellant and respondent. The reasoning is that the principle of stare decisis dictates that the Court should follow its own established precedents. Therefore, the outcome of the earlier appeals is determinative of the outcome of these appeals. No specific issues regarding GST provisions were discussed or decided in this judgment; the dismissal is purely procedural, based on the prior ruling. The operative direction is the dismissal of all the appeals.

Facts

These are a batch of appeals filed by the Commissioner, Central Excise, Customs and Service Tax, Bhubaneswar-I Commissionerate, against M/s. Tata Iron & Steel Company Ltd. (TISCO). The appeals were filed before the High Court of Orissa at Cuttack. The judgment notes that these appeals are being disposed of in view of a previous judgment passed by the same Court on 29th November, 2022, in a related set of appeals (OTAPL Nos.10, 12 & 19 of 2010) between the same parties. The specific tax periods, the orders or actions under challenge, the authorities that passed them, and the amounts in dispute are not detailed in this judgment.

Key Issues

1. Whether the present appeals are to be dismissed in light of the Court's previous judgment dated 29th November, 2022, in OTAPL Nos.10, 12 & 19 of 2010 between the same parties. The appellant (Commissioner) argued that the present appeals should be dismissed, relying on the precedent set by the Court's earlier decision. The respondent (TISCO) did not present any arguments, as indicated by 'None' in the cause list.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF ORISSA AT CUTTACK OTAPL Nos. 20, 11, 13, 14, 15, 16, 17 & 18 of 2010 The Commissioner, Central Excise, Customs and Service Tax, Bhubaneswar-I Commissionerate …. Appellant Mr. Choudhury Satyajit Mishra, Senior Standing Counse (GST, Customs & Central Excise Department) -versus- M/s. Tata Iron & Steel Company Ltd., (TISCO) …. Respondent None CORAM: THE CHIEF JUSTICE JUSTICE M.S. RAMAN

ORDER 13.12.2022 Order No.

02.

In view of the judgment dated 29th November, 2022 passed by this Court in OTAPL Nos.10, 12 & 19 of 2010 (The Commissioner of Central Excise, Customs & Service Tax, Bhubaneswar-I Commissionerate, Bhubaneswar v. M/s. Tata Iron & Steel Company Ltd., TISCO), all these appeals are dismissed.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge S. Behera

The judgment continues below.

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Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.