Commissionet Of Central GST And Central Excise Jammu vs. Shiva Industries, Kathua

CEA/66/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02000873201921 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 (CEA No.66/2019) in accordance with the detailed order passed in the connected appeal, CEA No.05/2018. The reasoning and the specific findings on any issues pertaining to this appeal are not elaborated upon here, as they are presumed to be contained within the referenced order. The operative directions would therefore be those stipulated in the order for CEA No.05/2018. No specific issues were expressly left undecided in this judgment, as it relies on the decision in the connected matter.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Shiva Industries. 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 details regarding the tax period, the order or action under challenge, the authority that passed it, or the amount in dispute are provided in this judgment itself. The respondent, Shiva Industries, was represented by none.

Key Issues

The Court had to decide the appeal filed by the Commissioner of Central GST & Central Excise against Shiva Industries. The specific legal questions and arguments presented by each side are not detailed in this judgment as it refers to a separate, detailed order in a connected case (CEA No.05/2018). Therefore, the issues, the provisions of law they turn on, and the contentions of the petitioner (Commissioner of Central GST & Central Excise) and the respondent (Shiva Industries) are not recorded in this particular judgment. The judgment explicitly states that the present appeal is disposed of in terms of the detailed order passed in CEA No.05/2018.

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.66/2019 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 Shiva Industries …. 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 : R

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.