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

CEA/107/2018HC Jammu and Kashmir and LadakhGSTCNR JKHC02010179201821 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 is disposed of 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'. The reasoning and the specific findings of the Court on the issues that were decided in CEA No. 05/2018 are not elaborated upon in this judgment. Consequently, the ratio decidendi and the operative directions for this specific appeal are derived from the decision in the connected case. No issue was expressly left undecided in this judgment, as it relies on a prior detailed order.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Biostadt India Limited. The appeal was decided on August 21, 2019. The judgment states that the present appeal is disposed of 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 facts regarding the dispute between the Commissioner and Biostadt India Limited are detailed in this judgment.

Key Issues

The judgment does not explicitly frame the issues for determination in this specific appeal. It indicates that the decision is based on the order passed in a connected matter, CEA No. 05/2018. Therefore, the issues decided would be those that were addressed in the aforementioned connected case. The appellant is the Commissioner of Central GST & Central Excise, and the respondent is Biostadt India Limited. The specific tax period(s) and the amount in dispute are not recorded in this judgment. The procedural history that matters is that this appeal is being disposed of based on the ruling in a related case.

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. 107/2018 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.