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

CEA/248/2022HC Jammu and Kashmir and LadakhGSTCNR JKHC02001940202221 September 2022Bench: HON'BLE MR. JUSTICE RAJNESH OSWAL,HON'BLE MR. JUSTICE RAJESH SEKHRI1 pages
AI SummaryDismissed

Held

The Court held that the issue involved in the present appeal has already been considered and decided by a Coordinate Bench of the High Court in CEA No. 10/2020 and connected appeals, which were dismissed. Since no new grounds were urged by the appellant in the present appeal, it is dismissed on the same terms and conditions as laid down in the judgment dated 23.05.2022 passed in CEA No. 10/2020 and connected appeals. The ratio decidendi is that appeals raising issues already decided by coordinate benches, without presenting new grounds, are liable to be dismissed following the precedent.

Facts

This is an appeal filed by the Commissioner of Central GST and Central Excise Jammu against M/s Casil Industries Ltd. The appeal concerns an issue that has already been decided by a Coordinate Bench of the High Court in CEA No. 10/2020 and connected appeals, which were dismissed. The appellant has not raised any new grounds in the present appeal. The specific tax period(s) and the order or action under challenge, as well as the authority that passed it, are not detailed in the provided judgment excerpt. The amount in dispute is also not mentioned.

Key Issues

1. Whether the present appeal is maintainable given that the issue involved has already been decided by a Coordinate Bench of this Court in CEA No. 10/2020 and connected appeals, which were dismissed. Petitioner's Contention: The appellant argues that the present appeal should be dismissed on the same terms as the previous judgment in CEA No. 10/2020, as no new grounds have been urged. Respondent's Contention: The respondent's arguments are not recorded in the provided judgment excerpt. The judgment states that the issue is covered by a previous decision and no new grounds were urged by the appellant.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
S. No. 2 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CEA No. 248/2022 CM Nos. 5325/2022 & 5326/2022 Commissioner of Central GST and Central Excise Jammu …..Appellant(s)/Petitioner(s) Through: Mr. Jagpaul Singh, Advocate Vs M/s Casil Industries Ltd. IGC Samba .…. Respondent(s) Through: Mr. Pranav Kohli, Sr. Advocate with Mr. Arun Dev Singh, Advocate Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

ORDER

The issue involved in this appeal has already been considered by a Coordinate Bench of this Court in CEA No. 10/2020 and connected appeals, those appeals were dismissed. Since the matter stands already covered by the aforementioned judgment and in view of the fact that no new ground has been urged by the appellant, this appeal is dismissed on the same terms and conditions as laid down in judgment dated 23.05.2022 passed in CEA No. 10/2020 and connected appeals.

(RAJESH SEKHRI) (RAJNESH OSWAL)

JUDGE

JUDGE

Jammu 21.09.2022 Neha 2022:JKLHC-JMU:4

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