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

CEA/164/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02001265201921 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, titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'. This implies that the findings, reasoning, and ratio decidendi from the order in CEA No.05/2018 are applied to this case. The operative directions would therefore mirror those in the referenced order, which are not detailed here. Any specific issue expressly left undecided would also be as per the referenced order. The principle that can be cited from this judgment is that appeals can be disposed of by reference to a detailed order in a connected matter, establishing a precedent for similar cases.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Insecticides India Limited. The judgment states that the present appeal is disposed of 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 facts pertaining to Insecticides India Limited's case, tax periods, disputed amounts, or the specific order under challenge are detailed in this judgment. The respondent, Insecticides India Limited, was represented by 'None'.

Key Issues

The judgment does not explicitly state the specific issues that the Court had to decide in this particular appeal. However, it indicates that the appeal is being disposed of based on the decision in CEA No.05/2018, which presumably dealt with the relevant legal questions. Therefore, the issues decided would be those addressed in the referenced order. The petitioner (Commissioner of Central GST & Central Excise) would have argued for upholding the revenue's position, while the respondent (Insecticides India Limited) would have argued for relief. Without the details of CEA No.05/2018, the specific legal provisions and contentions cannot be identified from this judgment alone.

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.164/2019 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.