The Union Of INDIA And 3 Ors. vs. M/S Joyshree Powerol

WA/260/2021HC GauhatiGSTCNR GAHC01011731202107 October 2021Bench: HONOURABLE THE CHIEF JUSTICE,HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK2 pages
AI SummaryRemanded

Held

The Court held that both parties agreed that the present writ appeal is covered by the judgment and order passed on 08.10.2021 in Writ Appeal No. 162/2021 (The Union of India & 4 Ors. -Vs- M/s Keshari Industries). Consequently, the Court disposed of this writ appeal in the same terms as the directions contained in the aforesaid lead judgment. The specific findings, reasoning, and ratio decidendi of the lead judgment are not detailed in this excerpt, nor are the operative directions explicitly stated beyond being in the same terms as the lead judgment. No issues were expressly left undecided.

Facts

This case involves a writ appeal filed by the Union of India and other GST authorities against M/s Joyshree Powerol. The specific tax period and the order or action under challenge, as well as the authority that passed it, are not detailed in the provided judgment excerpt. The amount in dispute is also not mentioned. The procedural history indicates that this is a writ appeal before the Gauhati High Court, and the parties have agreed that the matter is covered by a previous judgment delivered on the same day in a batch of writ appeals, with Writ Appeal No. 162/2021 (The Union of India & 4 Ors. -Vs- M/s Keshari Industries) being the lead case.

Key Issues

1. Whether the present writ appeal is covered by the judgment and order passed on 08.10.2021 in Writ Appeal No. 162/2021 (The Union of India & 4 Ors. -Vs- M/s Keshari Industries). Petitioner's Argument: The learned counsel for the appellants (Union of India and others) stated that both sides agree that this case is covered by the aforementioned judgment. Revenue/State's Argument: The learned senior counsel for the respondent (M/s Joyshree Powerol) also agreed that the case is covered by the lead judgment.

AI-generated summary — verify with the full judgment below

Page No.# 1/2 GAHC010117312021

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/260/2021 THE UNION OF INDIA AND 3 ORS. REPRESENTED BY SECRETARY, MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH BLOCK, NEW DELHI-110011 2: THE JOINT COMMISSIONER GST BHAWAN 2ND FLOOR KEDAR ROAD MACHKHOWA GUWAHATI-781001. 3: THE ASST. COMMISSIONER GUWAHATI-I DIVISION GST BHAWAN 2ND FLOOR KEDAR ROAD MACHKHOWA GUWAHATI-781001 ASSAM 4: THE SUPERINTENDENT TECH-I GST AND CENTRAL EXCISE DIVISION-I GST BHAWAN 2ND FLOOR KEDAR ROAD MACHKHOWA GUWAHATI-781001 ASSA VERSUS M/S JOYSHREE POWEROL A PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS AT SILA KATAMUR, MOUZA- SINDURIGHOPA, CHANGSARI, KAMRUP(R), ASSAM-

Page No.# 2/2 781001 AND IN THE PRESENT PROCEEDINGS REP. BY ITS PARTNERS SRI MANOJ KAYAL. Advocate for the Petitioner : MR. S C KEYAL Advocate for the Respondent :

– B E F O R E – HON’BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

08-10-2021

The matter is take

The judgment continues below.

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