Commissioner Of CGST And Central Excise Jammu vs. Uflex LTD Sidco Complex Bari Brahmna Jamm U J And K
Held
The Court held that the present appeal is squarely covered by the judgment and order dated May 23, 2022, passed in CEA No. 10 of 2020 and connected appeals. The reasoning was that the appellant had not raised any new grounds in the current appeal, making it identical to the previously adjudicated matters. Therefore, the appeal was dismissed on the same terms and conditions as laid down in the prior judgment. The specific findings or ratio decidendi from the cited judgment (CEA No. 10 of 2020) are not detailed in this order, but the operative direction is the dismissal of the appeal.
Facts
This is an appeal filed by the Commissioner of GST and Central Excise, Jammu, against Uflex Ltd. The appeal is stated to be similar and identical to several other Excise Appeals previously considered and decided by the High Court of Jammu & Kashmir and Ladakh. The leading case among those was CEA No. 10 of 2020, decided on May 23, 2022. The appellant's counsel was heard, and the Court noted that no new grounds were presented by the appellant. The respondent, Uflex Ltd., was not represented.
Key Issues
1. Whether the present appeal is covered by the previous judgment of this Court in CEA No. 10 of 2020 and connected appeals, specifically concerning the grounds raised by the appellant. The appellant argued that the present appeal is identical to previously decided matters and no new grounds have been presented, implying that the outcome should be consistent with those prior decisions. The respondent did not present any arguments as they were not represented.
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Cause title — parties, addresses and appearances
ORDER 15.05.2023
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 May 2022 wherein CEA No. 10 of 2020 was the leading case.
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.
Accordingly, this appeal is dismissed on the same terms and conditions as laid down in the judgment and order dated 23rd May, 2022 passed in CEA No. 10/2020 and connected appeals.
(Puneet Gu
The judgment continues below.
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