Commissioner Of Central GST And Central Excise J And K , Jammu vs. Shiva Industries

CEA/48/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02000509201921 August 2019Bench: HON'BLE MR. JUSTICE RAJESH BINDAL,HON'BLE MRS. JUSTICE SINDHU SHARMA1 pages
AI SummaryRemanded

Held

The Court disposed of the present appeal in terms of the detailed order passed in CEA No.05/2018. The judgment does not provide the specific findings, reasoning, or ratio decidendi for this particular appeal. It relies entirely on the decision in the aforementioned case. No operative directions specific to this appeal are mentioned, nor are any issues expressly left undecided. The outcome is contingent on the decision in CEA No.05/2018, which is not provided here.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Shiva Industries. The judgment does not specify the tax period(s) or the specific order or action under challenge, nor does it mention the authority that passed it. The amount in dispute is also not recorded. The procedural history is limited to the filing of the present appeal. The respondent, Shiva Industries, was represented by none.

Key Issues

The Court had to decide the appeal filed by the Commissioner of Central GST & Central Excise. The judgment does not explicitly frame the questions of law or mixed law and fact that the Court had to decide. The petitioner's contentions are not recorded in the judgment. The respondent did not present any arguments. The judgment states that the present appeal is disposed of in terms of a detailed order passed in a different case, CEA No.05/2018 titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'. Therefore, the specific issues and arguments pertaining to this particular appeal are not detailed.

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.48/2019 IA No.01/2019 Decided on: 21.08.2019 Commissioner of Central GST & Central Excise (J&K), Jammu …Appellant(s) Through:- Mr. Jagpaul Singh, Advocate. v/s Shiva Industries …. Respondent(s) Through:- None. HON’BLE MR. JUSTICE RAJESH BINDAL, JUDGE HON’BLE MS. JUSTICE SINDHU SHARMA, JUDGE

ORDER

RAJESH BINDAL, J

The present appeal is disposed of in terms of the detailed order passed today in CEA No.05/2018 titled as ‘Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited’.

(Sindhu Sharma) (Rajesh Bindal)

Judge Judge Jammu 21.08.2019 Raj Kumar

Whether the order is speaking : Yes/No.

Whether the order is reportable : Yes/No.

Coram : R

The judgment continues below.

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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.