Commissioner Of Central GST And Central Excise , J And K vs. Nitin Enterprises

CEA/10/2018HC Jammu and Kashmir and LadakhGSTCNR JKHC02009609201821 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. This implies that the findings and reasoning in that connected case form the basis of the decision for this appeal. Without the details of the order in CEA No. 05/2018, the specific holdings, reasoning, and ratio decidendi for this case cannot be ascertained. The operative directions would also be those stipulated in the aforementioned connected order. No issues were expressly left undecided in this judgment itself, as it defers to another order.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against an order concerning Nitin Enterprises. 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 tax period, amount in dispute, or the order under challenge is detailed for this particular appeal. The procedural history is limited to the filing of this appeal.

Key Issues

The judgment does not explicitly frame the issues for this specific appeal. However, by referring to CEA No. 05/2018, it implies that the issues decided in that case would be applicable here. The petitioner (Commissioner of Central GST & Central Excise) would likely be arguing for the upholding of the revenue's position, while the respondent (Nitin Enterprises) would be defending their stance. The specific legal provisions and arguments from the connected case are not detailed in this judgment, but it is understood that the core dispute revolves around GST and related matters. The judgment does not record any specific arguments made by Nitin Enterprises.

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. 10/2018 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 Nitin Enterprises …. 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.