Commissioner Of Central GST And Central Excise J And K Jammu. vs. J And K Cement Corporation Kathua J And K.

CEA/62/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02000735201921 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.62/2019) is disposed of in terms of the detailed order passed in CEA No.05/2018. This implies that the outcome of this appeal is directly linked to the decision in the Sun Pharma Laboratories Limited case. The reasoning and ratio decidendi would therefore be those established in CEA No.05/2018, which are not detailed here. No specific operative directions or relief granted for this appeal are mentioned, other than its disposal in line with the other case. No issues were expressly left undecided in this judgment itself, as it relies on a prior decision.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu against J&K Cement Corporation. The appeal was decided on 21.08.2019. The judgment states that the present appeal is disposed of in terms of a detailed order passed on the same day in a different case, 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 J&K Cement Corporation, the tax period, the order under challenge, the authority that passed it, or the amount in dispute are recorded in this judgment.

Key Issues

The judgment does not record any specific issues that the Court had to decide in this particular appeal. It explicitly states that the appeal is disposed of in terms of the order passed in another case. Therefore, the issues and arguments presented by either side for this specific appeal are not recorded. The Court's decision was based on the precedent set 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.62/2019 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 J&K Cement Corporation …. 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.