Commissioner Of Central GST And Central Excise J And K Jammu vs. M/S Ambika International Sidco Industrial Complex Bari Brahmana Jammu J And K

CEA/397/2022HC Jammu and Kashmir and LadakhGSTCNR JKHC02003673202219 December 2022Bench: HON'BLE THE CHIEF JUSTICE (ACTING),HON'BLE MR. JUSTICE RAJESH SEKHRI1 pages
AI SummaryDismissed

Held

The Court held that the present appeal is squarely covered by the judgment and order dated May 23, 2022, passed in CEA No. 10/2020 and connected appeals. The Court found no new grounds presented by the appellant that would warrant a different decision. Therefore, the appeal was dismissed on the same terms and conditions as laid down in the aforementioned earlier judgment. The ratio decidendi is that if an appeal raises no new grounds and is identical to previously decided matters, it should be dismissed in line with those precedents. The operative direction was the dismissal of the appeal.

Facts

The Commissioner of Central GST and Central Excise, J&K Jammu (appellant) filed an appeal against M/S Ambika International (respondent). The appeal was stated to be similar and identical to several other Excise Appeals previously considered and decided by the High Court. 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 found no new grounds presented by the appellant. The matter was deemed to be squarely covered by the earlier decision.

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, dated May 23, 2022? Arguments for the Appellant (Commissioner of Central GST and Central Excise): The appellant argued that the present appeal raises no new grounds and is identical to previously decided matters. They relied on the principle that similar matters should be decided consistently with prior judgments. Arguments for the Respondent (M/S Ambika International): The judgment does not record any specific arguments made by the respondent. However, the Court's decision implies that the respondent's position, as reflected in the prior judgments, was upheld.

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. 397/2022 CM No. 7378/2022 CM No. 7379/2022 Commissioner of Central GST and Central Excise J and K Jammu ….Petitioner(s)/Appellant(s) Through :- Mr. Jagpaul Singh, Advocate V/s M/S Ambika International SIDCO Industrial Complex Bari Brahmana Jammu, J and K ….Respondent(s) Through :- Coram: HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE REJESH SEKHRI, JUDGE

ORDER 19.12.2022

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.

(Rajesh Se

The judgment continues below.

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