Commissioner Of Central GST And Central Excise , J And K vs. Hardcastle Petrofer PVT. LTD.

CEA/40/2018HC Jammu and Kashmir and LadakhGSTCNR JKHC02009932201821 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 outcome of the present appeal is directly linked to and follows the decision in the aforementioned connected case. The specific findings, reasoning, and ratio decidendi from the connected case are not elaborated upon in this judgment. Consequently, the operative directions and the relief granted are also not detailed for this specific appeal, but are understood to be in line with the decision in CEA No. 05/2018. No issues were expressly left undecided in this judgment itself.

Facts

This appeal was filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Hardcastle Pretrofer Limited. The judgment states that the present appeal is disposed of in terms of a detailed order passed on the same day 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 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 state the specific issues for this appeal. However, it indicates that the present appeal is disposed of in terms of the order passed in CEA No. 05/2018. Therefore, the issues decided in that connected matter would implicitly apply. The petitioner (Commissioner of Central GST & Central Excise) likely argued for upholding the revenue's position, while the respondent (Hardcastle Pretrofer Limited) would have argued for relief. The specific legal provisions and arguments from the connected case are not detailed here, but the disposal suggests a resolution based on the principles laid down in that order.

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. 40/2018 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 Hardcastle Pretrofer 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

The judgment continues below.

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