Commissioner Of Central GST And Central Excise Jammu vs. Bharat Insecticides LTD.

CEA/127/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02002385201921 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. This implies that the outcome of this appeal is contingent upon and identical to the outcome of the referenced case. Without the detailed order for CEA No.05/2018, the specific findings, reasoning, and ratio decidendi for this appeal cannot be determined. The operative directions would also be those prescribed in the order for CEA No.05/2018. Any issues expressly left undecided in the referenced order would also apply here.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Bharat Insecticides 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 in a connected matter, CEA No.05/2018 titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'. No specific facts regarding the dispute between the Commissioner and Bharat Insecticides Limited are detailed in this judgment.

Key Issues

The judgment does not explicitly state the issues before the Court for this specific appeal. However, it indicates that the decision in CEA No.127/2019 is based on the decision in CEA No.05/2018. Therefore, the issues would be those decided in the latter case. The petitioner (Commissioner) likely argued for upholding the revenue's position, while the respondent (Bharat Insecticides Limited) would have argued for relief. The specific legal provisions and arguments are not detailed here but would have been addressed in the referenced order 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.127/2019 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 Bharat Insecticides 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 KUMA

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.