Commissioner Of Central GST And Central Excise J And K Jammu vs. M/S Jindal Drugs LTD Industrial Area Extension - Iii Gangyal Jammu

CEA/385/2022HC Jammu and Kashmir and LadakhGSTCNR JKHC02003430202212 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 raises no new grounds and is squarely covered by the judgment and order dated May 23, 2022, passed in CEA No. 10/2020 and connected appeals. The reasoning is that the appellant's counsel was heard, and no new grounds were presented that would warrant a different decision. The ratio decidendi is that appeals identical to previously decided ones, without new arguments or facts, will be dismissed on the same terms. The operative direction was to dismiss the appeal on the same terms and conditions as laid down in the prior judgment.

Facts

The appeal was filed by the Commissioner of Central GST and Central Excise, J&K Jammu, against M/s Jindal Drugs Ltd. The appeal concerns an unspecified tax period and challenges an order or action by an unspecified authority. The amount in dispute is not stated. The procedural history indicates that this appeal is 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.

Key Issues

1. Whether the present appeal raises any new grounds not covered by the previous judgment of this Court in CEA No. 10 of 2020 and connected appeals. Petitioner/Appellant's Argument: The appellant argued that the matter is squarely covered by the previous decision of the Court, implying no new grounds are available. Respondent's Argument: No argument was recorded for the respondent.

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. 385/2022 CM No. 7232/2022 Commissioner of Central GST and Central Excise J&K Jammu ….Petitioner(s)/Appellant(s) Through :- Mr. Jagpaul Singh, Advocate. V/s M/s Jindal Drugs Ltd. Industrial Area Extension-III Gangyal Jammu ….Respondent(s) Through :- Coram: HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE REJESH SEKHRI, JUDGE

ORDER 12.12.2022

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 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.

(Rajesh Sekhri) Judge

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.