Commissioner Of Central G.S.T. And Central Excise J And K, Jammu. vs. Biostadt INDIA LTD.

CEA/94/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02001080201902 September 2019Bench: HON'BLE MR. JUSTICE RASHID ALI DAR,HON'BLE MR. JUSTICE RAJESH BINDAL1 pages
AI SummaryRemanded

Held

The Court held that the present appeal should be disposed of in terms of the order passed in CEA No. 13/2018. This implies that the outcome of this appeal is directly linked to the decision in the aforementioned case. Without the details of the order in CEA No. 13/2018, the specific findings, reasoning, and ratio decidendi for this particular appeal cannot be determined. The operative directions are to dispose of the appeal in line with the previous order. No issue was expressly left undecided, as the entire appeal was decided by reference.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise, Jammu, against Biostadt India Limited. The appeal was disposed of by the High Court of Jammu and Kashmir at Jammu in terms of a previous order passed in a different case, 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 provided in this judgment. The procedural history is limited to the fact that this appeal is being disposed of based on a prior ruling.

Key Issues

The judgment does not explicitly frame the issues for determination. However, by virtue of the disposal order, it is implied that the central issue in this appeal was identical to the issue decided in CEA No. 13/2018. The petitioner (Commissioner of Central GST & Central Excise, Jammu) likely sought to challenge a decision that was unfavorable to the revenue. The respondent (Biostadt India Limited) would have defended the lower authority's decision. The specific legal provisions or precedents relied upon are not detailed in this order, as it refers to a prior judgment for its disposition.

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. 94/2019 CM No. 2208/2019[1/2019] Commissioner of Central GST & Central Excise, 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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