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

CEA/115/2018HC Jammu and Kashmir and LadakhGSTCNR JKHC02010187201821 August 2019Bench: HON'BLE MR. JUSTICE RAJESH BINDAL,HON'BLE MRS. JUSTICE SINDHU SHARMA1 pages
AI SummaryRemanded

Held

The High Court of Jammu and Kashmir at Jammu disposed of the present appeal in terms of the detailed order passed in CEA No. 05/2018. This implies that the decision in the connected case, which involved the Commissioner of Central GST and Central Excise versus Sun Pharma Laboratories Limited, dictated the outcome of this appeal. The specific findings, reasoning, and ratio decidendi from the order in CEA No. 05/2018 are not detailed in this excerpt. Consequently, the operative directions and the specific relief granted, if any, are also not explicitly stated for this appeal, but would be as per the order in the connected case. No issues were expressly left undecided in this excerpt.

Facts

This appeal was 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 case, 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 procedural history for this particular case is recorded in the provided judgment excerpt. The respondent, Biostadt India Limited, was represented by no one.

Key Issues

The judgment does not explicitly frame the issues for determination in this specific appeal. Instead, it states that the appeal is disposed of in terms of the order passed in a connected case, CEA No. 05/2018. Therefore, the issues decided in CEA No. 05/2018 would be the operative issues for this appeal. The arguments presented by the petitioner (Commissioner of Central GST & Central Excise) and the respondent (Sun Pharma Laboratories Limited) in the connected case would be relevant. However, the provided excerpt does not detail those arguments or the specific legal provisions they turned on. The judgment does not record any arguments for the respondent in this specific appeal.

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. 115/2018 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.