Commissioner Of Central GST And Central Excise , J And K vs. Biostadt INDIA Limited

CEA/77/2018HC Jammu and Kashmir and LadakhGSTCNR JKHC02010197201802 September 2019Bench: HON'BLE MR. JUSTICE RAJESH BINDAL,HON'BLE MR. JUSTICE RASHID ALI DAR1 pages
AI SummaryRemanded

Held

The Court held that the present appeal (CEA No. 77/2018) is to be disposed of in terms of the order passed in CEA No. 13/2018. The reasoning for this decision is not provided within this judgment, as it relies entirely on the outcome of the other case. The operative directions are to dispose of the appeal as per the order in CEA No. 13/2018. No specific findings on any substantive GST issues are recorded, nor is any principle of law established for citation. No issues were expressly left undecided.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu against Biostadt India Limited. The appeal was disposed of by the High Court of Jammu and Kashmir at Jammu in terms of an order passed on the same day in a connected matter, CEA No. 13/2018 titled 'Commissioner of Central GST & Central Excise (J&K), Jammu v. Nitin Enterprises'. No specific details regarding the tax period, the order or action under challenge, the authority that passed it, or the amount in dispute are recorded in this judgment. The procedural history leading to this specific order is not elaborated.

Key Issues

The judgment does not explicitly frame any questions of law or mixed law and fact for the Court to decide. Consequently, no arguments from either the petitioner (Commissioner of Central GST & Central Excise) or the respondent (Biostadt India Limited) are recorded in this order. The decision appears to be based on a reference to a separate, contemporaneous order.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU CEA No. 77/2018 IA No. 1/2018 Commissioner of Central GST & Central Excise (J&K), Jammu ...Appellant(s) Through:- None V/s Biostadt India Limited ...Respondent(s) Through:- None HON’BLE MR. JUSTICE RAJESH BINDAL, JUDGE Coram: HON’BLE MR. JUSTICE RASHID ALI DAR, JUDGE

ORDER

RAJESH BINDAL, J

The present appeal is disposed of in terms of the order passed today in CEA No.13/2018 titled as ‘Commissioner of Central GST & Central Excise (J&K), Jammu v. Nitin Enterprises’.

(Rashid Ali Dar)

(Rajesh Bindal) Judge Judge Jammu. 02.09.2019 Vinod.

Whether the order is speaking : Yes/No

Whether the order is reportable :Yes/No S.No.08

VINOD KUMAR 2019.09.05 08:40 I attest to the accuracy and integrity of this document

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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.