Commissioner Of Central GST And Central Excise J And K Jammu vs. M/S Ritze Polymers Igc Samba J And K

CEA/188/2023HC Jammu and Kashmir and LadakhGSTCNR JKHC02006233202311 December 2023Bench: HON'BLE MR. JUSTICE TASHI RABSTAN1 pages
AI SummaryDismissed

Held

The Court held that the present appeal is similar and identical to several other Excise Appeals previously considered and decided by the Court. It was found that no new grounds were available to the appellant, and the matter was squarely covered by the Court's judgment and order dated May 23, 2022, in CEA No. 10/2020 and connected appeals. Consequently, the appeal was dismissed on the same terms and conditions as laid down in the aforementioned prior judgment. The ratio decidendi is that appeals presenting identical facts and issues, with no new grounds, will be disposed of based on established precedents of the Court.

Facts

The Commissioner of Central GST and Central Excise (J&K) Jammu, the appellant, filed an appeal against an order concerning M/s Ritzy Polymers, the respondent. The appeal was presented before the High Court of Jammu & Kashmir and Ladakh at Jammu. The appellant's counsel was heard. The Court noted that this appeal was similar and identical to several other Excise Appeals previously considered and decided by the same Court. Specifically, it was stated that the matter was squarely covered by a previous judgment and order dated May 23, 2022, in which CEA No. 10 of 2020 was the leading case. No new grounds were presented by the appellant.

Key Issues

1. Whether the present appeal is covered by the previous judgment and order of this Court dated May 23, 2022, in CEA No. 10/2020 and connected appeals, as argued by the appellant's counsel. The appellant contended that the present appeal is identical to previously decided matters and no new grounds have been raised, implying it should be decided based on the precedent. The revenue (appellant) did not present any specific arguments beyond this assertion of being covered by prior decisions.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CEA No.188/2023 CM Nos.7286/2023 & 7285/2023 Commissioner of Central GST and Central Excise (J&K) Jammu. ….Petitioner(s)/Appellant(s) Through :- Mr. Rohan Nanda, Advocate. V/s M/s Ritzy Polymers, Phase-I IGC Samba (J&K) ….Respondent(s) Through :- . CORAM: HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

ORDER 11.12.2023

1.

This appeal is similar and identical to the several other Excise Appeals which have been considered and decided by this Court vide judgment and order dated 23rd of May 2022 wherein CEA No. 10 of 2020 was the leading case.

2.

Having heard counsel for the appellant, we are of the opinion that as no new ground is available to the appellant, the matter stands squarely covered by the above decision.

3.

Accordingly, this appeal is dismissed on the same terms and conditions as laid down in the judgment and order dated 23rd of May, 2022 passed in CEA No. 10/2020 and connected appeals.

Jammu: 11.12.2023 Surinder

(Rajesh Sekhri

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

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