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

CEA/84/2018HC Jammu and Kashmir and LadakhGSTCNR JKHC02010177201821 August 2019Bench: HON'BLE MR. JUSTICE RAJESH BINDAL,HON'BLE MRS. JUSTICE SINDHU SHARMA1 pages
AI SummaryRemanded

Held

The High Court of Jammu and Kashmir at Jammu disposed of the present appeal in terms of its detailed order in CEA No. 05/2018, Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited. Consequently, the findings, reasoning, and ratio decidendi of the order in the connected case would apply to this appeal. The operative directions would be those specified in the order for CEA No. 05/2018. Any issues expressly left undecided in the connected case would also be considered undecided for this appeal.

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 a detailed order passed in a connected case, CEA No. 05/2018 titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'. No specific tax period, amount in dispute, or procedural history beyond the filing of the appeal is recorded in this judgment.

Key Issues

The judgment does not explicitly frame the issues for determination. However, by reference to the connected case (CEA No. 05/2018), the underlying legal questions likely pertain to the interpretation and application of GST provisions. The appellant (Commissioner of Central GST & Central Excise) would have argued for a particular interpretation of the relevant GST law, while the respondent (Biostadt India Limited) would have presented their counter-arguments. The specific provisions of the CGST Act or Rules that formed the basis of the dispute are not detailed in this judgment.

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. 84/2018 IA No.01/2018 Decided on: 21.08.2019 Commissioner of Central GST & Central Excise (J&K), Jammu …Appellant(s) Through:- Mr. Jagpaul Singh, Advocate. v/s Biostadt India Limited … 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

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.