Commissioner Of Central GST And Central Excise J And K Jammu vs. M/S Biostadt INDIA Limited Sidco Industrial Complex Bari Brahmana Jammu J And K

CEA/450/2022HC Jammu and Kashmir and LadakhGSTCNR JKHC02004054202230 January 2023Bench: HON'BLE THE CHIEF JUSTICE (ACTING),HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI1 pages
AI SummaryDismissed

Held

The Court held that the present appeal was squarely covered by its previous judgment and order dated May 23, 2022, passed in CEA No. 10 of 2020 and connected appeals. The Court found that no new grounds were available to the appellant, the Commissioner of Central GST and Central Excise, J&K Jammu. Therefore, the appeal was dismissed on the same terms and conditions as laid down in the aforementioned prior judgment. The reasoning was based on the principle of precedent, where similar matters, without new arguments or facts, are decided in line with earlier rulings. The ratio decidendi is that appeals presenting identical issues and lacking novel arguments are bound by prior judicial pronouncements of the same court. No specific operative directions were issued beyond the dismissal of the appeal.

Facts

The Commissioner of Central GST and Central Excise, J&K Jammu (the appellant) filed an appeal against an order concerning M/s Biostadt India Limited (the respondent). The appeal was presented before the High Court of Jammu & Kashmir and Ladakh at Jammu. The appellant's counsel argued the case. The Court noted that this appeal was similar and identical to several other Excise Appeals previously considered and decided by the Court in a judgment dated May 23, 2022, where CEA No. 10 of 2020 was the leading case. The Court found no new grounds available to the appellant. The specific tax period and the amount in dispute were not recorded in the judgment. The procedural history leading to the impugned order was not detailed.

Key Issues

1. Whether the present appeal is covered by the previous judgment of this Court dated May 23, 2022, in CEA No. 10 of 2020 and connected appeals, as no new grounds have been presented by the appellant. Contentions: Petitioner/Appellant: The appellant argued that the matter should be considered based on the merits of the case. However, the Court observed that no new grounds were available to the appellant. The appellant relied on the previous judgment of this Court in CEA No. 10 of 2020 and connected appeals as the basis for dismissal. Respondent: The respondent did not present any arguments as recorded in the judgment. The judgment states that the matter stands squarely covered by the previous decision, implying the respondent's position was aligned with the outcome of the prior ruling or that no opposing arguments were necessary.

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. 450/2022 CM No. 7887/2022 CM No. 7888/2022 Commissioner of Central GST and Central Excise J and K Jammu ….Petitioner(s)/Appellant(s) Through :- Mr. Jagpaul Singh, Advocate V/s M/s Biostadt India Limited SIDCO J & K ….Respondent(s) Through :- Mr. Prateek Bansal, Advocate. Coram: HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MRS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

ORDER 30.01.2023

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 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 May, 2022 passed in CEA No. 10/2020 and connected appeals.

(Moksha Kha

The judgment continues below.

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