Commissioner Of Central G.S.T. And Central Excise , Jammu vs. Inecticides INDIA LTD. Udhampur

CEA/53/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02000622201921 August 2019Bench: HON'BLE MR. JUSTICE RAJESH BINDAL,HON'BLE MRS. JUSTICE SINDHU SHARMA1 pages
AI SummaryRemanded

Held

The Court decided to dispose of the present appeal in terms of the detailed order passed in CEA No.05/2018, which concerned Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited. This implies that the outcome of the present appeal is contingent upon the findings and directions issued in the connected matter. The reasoning and ratio decidendi would therefore be those established in the judgment for CEA No.05/2018. The operative directions would be those specified in that order. Any issue expressly left undecided in CEA No.05/2018 would also apply here.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Insecticides India Limited. The appeal was decided on August 21, 2019. The Court disposed of the present appeal in terms of a detailed order passed in a connected matter, 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 the order/action under challenge is detailed in this judgment, other than it being an appeal against the respondent. The procedural history beyond the filing of this appeal is not recorded.

Key Issues

The Court had to decide the present appeal. However, the judgment does not frame specific questions of law or fact that were to be decided in this particular appeal. Instead, it states that the appeal is disposed of in terms of the order passed in a connected matter, CEA No.05/2018. Therefore, the issues decided are those that were addressed in the aforementioned connected matter. The judgment does not record any specific arguments made by either the appellant or the respondent for this particular appeal, other than the appellant being the Commissioner of Central GST & Central Excise and the respondent being Insecticides India Limited.

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.53/2019 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 Insecticides 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 : RAJ KUM

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.