Commissioner Of Central GST And Central Excise Jammu vs. Crop Chemicals INDIA LTD.

CEA/43/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02010449201821 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.43/2019) is to be disposed of in terms of the detailed order passed on August 21, 2019, in CEA No.05/2018, titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'. The reasoning is that the present appeal is being decided based on the precedent set in the aforementioned connected case. The operative direction is to dispose of this appeal in accordance with the order in CEA No.05/2018. No specific findings on the merits of Crop Chemicals (India) Limited's case were recorded in this excerpt, as the decision hinges entirely on the outcome of the other case. The specific issues decided in CEA No.05/2018 are not detailed here, but they form the basis for the disposal of this appeal.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Crop Chemicals (India) Limited. The appeal was decided on August 21, 2019. The judgment states that the present appeal is disposed of in terms of a detailed order passed on the same day in a different case, CEA No.05/2018, titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'. No specific details regarding the tax period, amount in dispute, or the specific order under challenge are provided in this judgment excerpt. The respondent, Crop Chemicals (India) Limited, was represented by no one.

Key Issues

1. Whether the present appeal is to be disposed of in terms of the order passed in CEA No.05/2018, titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'? (Question of law) Petitioner's Argument: The petitioner, Commissioner of Central GST & Central Excise (J&K), Jammu, contended that the present appeal should be disposed of in line with the decision in the connected matter, CEA No.05/2018, which was decided on the same day. No specific arguments were detailed for this particular appeal, but the reliance on the other judgment implies a procedural or substantive similarity. Respondent's Argument: The respondent, Crop Chemicals (India) Limited, did not present any arguments as they were represented by none.

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.43/2019 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 Crop Chemicals (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 KUMAR 201

The judgment continues below.

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