Commissioner Of CGST And Central Excise Jammu vs. Ambika International Sidco Industrial Complex Bari Brahmna Jammu

CEA/374/2022HC Jammu and Kashmir and LadakhGSTCNR JKHC02004581202205 December 2022Bench: HON'BLE THE CHIEF JUSTICE,HON'BLE MR. JUSTICE RAHUL BHARTI2 pages
AI SummaryDismissed

Facts

The Commissioner of CGST and Central Excise, Jammu, filed an appeal before the High Court of Jammu & Kashmir and Ladakh against an order passed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT). This order, similar to others in a batch of appeals, directed the refund of Education Cess and Secondary & Higher Education Cess to the assessee, Ambika International. The CESTAT's decision was based on the Supreme Court's ruling in M/s SRD Nutrients Pvt. Ltd. V. Commissioner of Central Excise, Guwahati. A previous batch of similar appeals, including the lead case CEA No. 10/2022, had been dismissed by a Coordinate Bench of the High Court on May 23, 2022. The present appeal was also based on identical grounds.

Held

The Court held that the instant appeal was based on identical grounds to a previous batch of appeals that had been dismissed by a Coordinate Bench of the High Court on May 23, 2022. The previous appeals also challenged CESTAT orders directing the refund of Education Cess and Secondary & Higher Education Cess, relying on the Supreme Court's decision in M/s SRD Nutrients Pvt. Ltd. V. Commissioner of Central Excise, Guwahati. To maintain parity and consistency in its pronouncements, the Court decided to dismiss the present appeal on the same terms and conditions as laid down in the previous judgment. Any interim directions that were in effect were also vacated. The ratio decidendi is that appeals with identical facts and grounds, which have already been decided by a coordinate bench, should be disposed of consistently to uphold judicial discipline and avoid conflicting judgments.

Key Issues

1. Whether the present appeal, challenging a CESTAT order directing refund of Education Cess and Secondary & Higher Education Cess to the assessee, is to be dismissed on the same grounds as a previous batch of similar appeals decided by a Coordinate Bench of this Court on May 23, 2022. The Appellant (Commissioner of CGST and Central Excise, Jammu) argued that the instant appeal challenges a similar order to those previously dismissed by the Court, based on almost identical grounds. Therefore, to maintain parity, this appeal should also be dismissed on the same terms. The Respondent (Ambika International) did not present any arguments, as indicated by 'None' appearing for them.

Sections Cited

Section 35G

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Serial No. 18 Regular Causelist HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CEA No. 374/2022 CM No. 7071/2022 Commissioner of CGST and Central Excise Jammu. ….. Appellant(s) Through: - Mr. Jagpaul Singh, Advocate. V/s Ambika International Sidco Industrial Complex Bari Brahmana, Jammu. ….. Respondent(s) Through: - None. CORAM: HON’BLE THE CHIEF JUSTICE. HON’BLE MR JUSTICE RAHUL BHARTI, JUDGE.

ORDER

05.12.

2022 Ali Mohammad Magrey-CJ (Oral):

01.

At the very outset, what requires to be stated is that a batch of appeals were filed before this Court by the Commissioner, Central, GST and Central Excise (Jammu and Kashmir), Jammu under Section 35 G of the Central Excise Act, 1994 (fort short „the Act‟) against the orders of different dates passed by the Customs, Excise and Service Tax Appellate Tribunal, Chandigarh (for short „the CESTAT‟), thereby setting aside the orders passed by the Commissioner (Appeals) and the Adjudicating Authority and directing for the refund of the Education Cess and Secondary & Higher Education Cess to the assessee in view of the decision rendered by the Apex Court in case titled ‘M/s SRD Nu

The judgment continues below.

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