Commissioner Of Central GST And Central Excise Jammu vs. Biostadt INDIA LTD.

CEA/22/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02010396201821 August 2019Bench: HON'BLE MR. JUSTICE RAJESH BINDAL,HON'BLE MRS. JUSTICE SINDHU SHARMA1 pages
AI SummaryRemanded

Held

The Court held that the present appeal is to be disposed of 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 of the order in the connected case would apply mutatis mutandis to this appeal. The operative directions would therefore be those stipulated in the order for CEA No.05/2018. No specific issue was expressly left undecided, as the decision is contingent on the outcome of the referenced connected case.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Biostadt 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 tax period, amount in dispute, or the specific order/action under challenge is detailed in this judgment itself, other than it being an appeal against the respondent. The procedural history is limited to the filing of this appeal.

Key Issues

The judgment does not explicitly frame the issues for determination. However, by referencing the connected case, the underlying issue likely pertains to a dispute concerning GST or Central Excise law. The appellant, the Commissioner of Central GST & Central Excise, would be arguing for upholding the revenue's position, while the respondent, Biostadt India Limited, would be defending its stance. The specific legal provisions and precedents relied upon are not detailed in this particular judgment, as it defers to the order in the connected case.

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.22/2019 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 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 : RAJ K

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.