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

CEA/109/2018HC Jammu and Kashmir and LadakhGSTCNR JKHC02010191201821 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 (CEA No. 109/2018) is disposed of in terms of the detailed order passed in CEA No. 05/2018. The reasoning and the ratio decidendi would be found in the order of CEA No. 05/2018, which is not provided here. Consequently, the operative directions and the specific relief granted to the parties in this appeal are contingent upon the decision in the connected matter. No issue was expressly left undecided in this specific judgment, as it defers to another order.

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 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 specific order/action under challenge and the authority that passed it are detailed in this judgment. The procedural history leading to this appeal is also not elaborated.

Key Issues

The judgment does not explicitly frame the issues for determination or record arguments from either side. It merely states that the present appeal is disposed of in terms of a detailed order passed in a connected case. Therefore, the specific questions of law or mixed law and fact that the Court had to decide, and the contentions of the petitioner (Commissioner of Central GST & Central Excise) and the respondent (Biostadt India Limited), are not recorded 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. 109/2018 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 : RA

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.