Commissioner Of Central GST And Central Excise Jammu vs. M/S Casil Industries LTD Igc Samba

CEA/225/2022HC Jammu and Kashmir and LadakhGSTCNR JKHC02001945202211 November 2022Bench: HON'BLE MR. JUSTICE TASHI RABSTAN,HON'BLE MR. JUSTICE RAJESH SEKHRI1 pages
AI SummaryDismissed

Held

The Court held that the present appeal is squarely covered by the previous judgment and order dated May 23, 2022, in CEA No. 10/2020 and connected appeals. The reasoning was that the appellant had not presented any new grounds that were not already considered and decided in the prior ruling. Consequently, the Court found no basis to deviate from its earlier decision. The ratio decidendi is that appeals presenting identical issues and lacking new arguments are bound by previous High Court judgments on similar matters. The operative direction was to dismiss the appeal on the same terms and conditions as laid down in the cited judgment.

Facts

This appeal was filed by the Commissioner of Central GST & Central Excise, Jammu, against M/s Casil Industries Ltd. The appeal concerns issues identical to several other Excise Appeals previously decided by the High Court of Jammu and Kashmir and Ladakh. The leading case for those decisions was CEA No. 10 of 2020, with a judgment and order dated May 23, 2022. The appellant's counsel was heard, and the Court noted that no new grounds were presented that were not covered by the prior ruling. The specific tax period and the amount in dispute are not recorded in this judgment.

Key Issues

1. Whether the present appeal is squarely covered by the judgment and order dated May 23, 2022, passed in CEA No. 10/2020 and connected appeals, given that no new grounds have been presented by the appellant. Contentions: Petitioner/Appellant: Argued that the matter is identical to previous appeals decided by this Court and that no new grounds are available to warrant a different decision. Revenue/State: No specific arguments are recorded for the respondent (M/s Casil Industries Ltd.) in this judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Sr. No. 92 HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU CEA No. 225/2022 CM Nos. 4683/2022 & 4684/2022 Commissioner of Central GST & Central Excise, Jammu ...Petitioner(s)/Appellant(s) Through :- Mr. Jagpaul Singh, Advocate. Versus < M/s Casil Industries Ltd. .....Respondent(s) Through :- Coram: HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

ORDER 11.11.2022

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

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.