Commissioner Of Central G.S.T. And Central Excise J And K Jammu vs. Hitachi Home And Life Solutions INDIA LTD.

CEA/148/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02001578201921 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. 148/2019) is to be disposed of in terms of the detailed order passed in CEA No. 05/2018, which was titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'. The reasoning is that the present appeal is to follow the precedent set by the judgment in the aforementioned connected case. The operative direction is the disposal of this appeal in accordance with the order in CEA No. 05/2018. No specific issues from the present appeal were independently decided or left undecided, as the disposal was based on the outcome of the connected matter.

Facts

The appeal was filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Hitachi Home and Life Solutions India Ltd. 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 tax period, amount in dispute, or procedural history beyond the filing of the appeal is recorded in this judgment.

Key Issues

1. Whether the present appeal should be disposed of in terms of the order passed in CEA No. 05/2018 titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'. Petitioner's Arguments: The appellant (Commissioner of Central GST & Central Excise) contended that the present appeal should be disposed of in line with the decision in the connected case of Sun Pharma Laboratories Limited. No specific provisions or precedents were cited in this brief order, but the argument hinges on the principle of consistency with a prior judgment. Respondent's Arguments: None recorded.

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.148/2019 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 Hitachi Home and Life Solutions India Ltd. … 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 2019.08.2

The judgment continues below.

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