Commissioner Of Central G.S.T. And Central Excise J And K, Jammu. vs. United Phosphorous LTD.

CEA/117/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02002210201921 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. 117/2019) is disposed of in terms of the detailed order passed in CEA No. 05/2018. This implies that the decision in the connected case would govern the outcome of this appeal. Without the detailed order from CEA No. 05/2018, the specific findings, reasoning, and ratio decidendi for this particular appeal cannot be ascertained. Consequently, no operative directions or specific relief granted in this appeal can be identified from the provided text. Any issue expressly left undecided is also not recorded.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against United Phosphorous Limited. The appeal was decided on August 21, 2019. The High Court of Jammu and Kashmir at Jammu disposed of the present appeal 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 details regarding the tax period, the order or action under challenge, the authority that passed it, or the amount in dispute are recorded in this judgment.

Key Issues

The judgment does not explicitly state the questions the Court had to decide. However, it indicates that the present appeal was disposed of in terms of the order passed in CEA No. 05/2018. Therefore, the underlying issues would be those decided in that connected case. The petitioner (Commissioner of Central GST & Central Excise) would have argued for upholding the revenue's position, likely concerning the interpretation of GST provisions or the validity of a demand/order. The respondent (United Phosphorous Limited) would have argued for setting aside the impugned order or for relief in their favor. The specific provisions of the GST Act or Rules, circulars, or precedents relied upon are not detailed in this judgment, as it refers to a separate, more detailed 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.117/2019 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 United Phosphorous 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 2

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.