The Commissioner Of Central Goods And Services Tax vs. M/S Premier Cryogenics LTD.

I.A.(Civil)/1008/2020HC GauhatiGSTCNR GAHC01007167202002 February 2021Bench: HONOURABLE MR. JUSTICE N. KOTISWAR SINGH,HONOURABLE MR. JUSTICE SOUMITRA SAIKIA2 pages
AI SummaryRemanded

Held

The Court has ordered that the Interlocutory Application (Civil) No. 1008 of 2020 stands closed. This closure is explicitly stated to be 'in view of the order passed in C.Ex.App.2/2020 on 03.02.2021'. The judgment does not provide any details regarding the findings on the issues of the main appeal, the reasoning behind those findings, or the operative directions issued in the main appeal. Consequently, the ratio decidendi of the main appeal, which led to the closure of the interlocutory application, is not discernible from this order. No specific relief was granted or denied in this order concerning the interlocutory application itself, other than its closure.

Facts

This matter concerns an Interlocutory Application (Civil) No. 1008 of 2020 filed in Central Excise Appeal No. 2 of 2020 before the Gauhati High Court. The appellant is The Commissioner of Central Goods and Services Tax, and the respondent is M/s Premier Cryogenics Ltd. The application was filed in relation to the appeal. The order dated 03.02.2021 indicates that the Interlocutory Application has been closed in view of an order passed in the main appeal, C.Ex.App.2/2020, on the same date. No specific tax period, amount in dispute, or the authority that passed the order under challenge in the appeal itself is detailed in this specific order.

Key Issues

The provided text does not detail the specific issues that the Court had to decide in the main appeal (C.Ex.App.2/2020) or the Interlocutory Application. It only states that the Interlocutory Application has been closed in view of an order passed in the main appeal on 03.02.2021. Therefore, the specific questions of law or fact, the provisions of law they turn on, and the arguments advanced by either the petitioner (Commissioner of Central Goods and Services Tax) or the respondent (M/s Premier Cryogenics Ltd.) are not recorded in this excerpt.

AI-generated summary — verify with the full judgment below

Page No.# 1/2 GAHC010048682019

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1008/2020 In C.Ex.App.2/2020 THE COMMISSIONER OF CENTRAL GOODS AND SERVICES TAX GST BHAWAN KEDAR ROAD MACHKHOWA GHY-01 VERSUS M/S PREMIER CRYOGENICS LTD. SAWKUCHI LAKHRA ROAD GHY DIST.- KAMRUP (M) ASSAM PIN- 782034 ------------ Advocate for : MR. B SARMAH Advocate for : appearing for M/S PREMIER CRYOGENICS LTD.

Page No.# 2/2 BEFORE HON’BLE MR. JUSTICE

N. KOTISWAR SINGH HON’BLE MR. JUSTICE SOUMITRA SAIKIA :: O R D E R ::

03.02.

2021 [N. Kotiswar Singh, J]

In view of the order passed in C.Ex.App.2/2020 on 03.02.2021, the present Interlocutory Application stands closed.

JUDGE JUDGE Comparing Assistant

The judgment continues below.

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