Commissioner CGST And Central Excise Jammu vs. Sds Ramcides Crop Science PVT LTD Sidco Industrial Complex Bari Brahmana, Jammu

CEA/304/2022HC Jammu and Kashmir and LadakhGSTCNR JKHC02003834202211 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 was squarely covered by the previous judgment of this Court dated May 23, 2022, passed in CEA No. 10/2020 and connected appeals. The reasoning was that the appellant had not presented any new grounds or arguments that were not already considered and decided in the earlier case. Therefore, the principle of stare decisis applied. The Court found no basis to deviate from the established precedent. Accordingly, the appeal was dismissed on the same terms and conditions as laid down in the prior judgment. No specific amount in dispute or tax period was mentioned in the judgment. The Court did not expressly leave any issue undecided.

Facts

The appeal was filed by the Commissioner of Central GST & Central Excise (J&K) Jammu against SDS Ramcides Crop Science Pvt. Ltd. The appeal concerned an issue that was identical to several other Excise Appeals previously considered and decided by the High Court. The leading case for those previous decisions was CEA No. 10 of 2020, which was decided on May 23, 2022. The appellant's counsel was heard, and the Court noted that no new grounds were available to the appellant. Consequently, the matter was deemed to be squarely covered by the earlier judgment.

Key Issues

1. Whether the present appeal is covered by the previous judgment of this Court dated May 23, 2022, in CEA No. 10/2020 and connected appeals, given that no new grounds have been presented by the appellant? (Question of law) Contentions: Petitioner/Appellant: Argued that the matter should be decided based on the existing legal framework and precedents. The appellant contended that the current appeal presents no novel arguments or factual matrix that would warrant a departure from the established legal position. They relied on the principle that similar matters, when already adjudicated, should follow the same outcome. Respondent: No arguments were recorded for the respondent in the judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Sr. No. 01 HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU CEA No. 304/2022 CM Nos. 6451/2022 & 6452/2022 Commissioner of Central GST & Central Excise (J&K) Jammu ...Petitioner(s)/Appellant(s) Through :- Mr. Jagpaul Singh, Advocate. Versus < SDS Ramcides Crop Science Pvt. 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, 20

The judgment continues below.

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