Commissioner Of Central GST And Central Excise , J And K vs. Hardcastle Petrofer PVT. LTD.

CEA/37/2018HC Jammu and Kashmir and LadakhGSTCNR JKHC02009894201821 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, titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'. This implies that the findings and reasoning in that connected order would govern the decision in this case. The specific ratio decidendi and operative directions for this appeal are not elaborated upon here but are understood to be contained within the referenced order. No issues were expressly left undecided in this judgment, as it adopted the decision from a related case.

Facts

This appeal was filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Hardcastle Pretrofer Limited. The judgment states that the present appeal is disposed of in terms of a detailed order passed on the same day in a connected matter, 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 the specific order/action under challenge by the revenue is detailed in this judgment. The procedural history is limited to the filing of this appeal by the revenue.

Key Issues

The judgment does not explicitly frame the issues for determination. However, by referencing the disposal of this appeal in terms of another connected appeal (CEA No. 05/2018), it implies that the issues decided in that connected appeal would be the operative ones for this case. The specific legal questions and arguments presented by the petitioner (Commissioner of Central GST & Central Excise) and the respondent (Hardcastle Pretrofer Limited) are not detailed in this particular judgment, as it relies on a separate, more comprehensive order. No specific provisions of the GST Act or Rules are mentioned as being the subject of argument in this judgment.

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. 37/2018 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 Hardcastle Pretrofer 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

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.