Commissioner Of Central GST And Central Excise vs. Crop Chemicals INDIA PVT.LTD.
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'. The reasoning for this decision is that the present appeal is being disposed of in line with the judgment in the connected case. The ratio decidendi would be that if an appeal is to be decided based on a precedent set in a connected matter, the outcome will mirror that of the precedent case. The operative direction is the disposal of the appeal in terms of the order in CEA No. 05/2018. No issues were expressly left undecided, as the matter was disposed of based on a prior ruling.
Facts
This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Crop Chemicals (India) Limited. The appeal was decided on August 21, 2019. The operative part of the judgment indicates that the present appeal is disposed of in terms of a detailed order passed 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 order/action under challenge by a specific authority is detailed in this judgment itself, other than it being an appeal against the respondent.
Key Issues
1. Whether the present appeal is to be disposed of in terms of the order passed in CEA No. 05/2018, as indicated in the operative part of the judgment. The appellant, through its counsel, has presented the appeal for disposal in terms of the order passed in the aforementioned connected matter. The respondent was not represented, and therefore, no arguments were recorded on their behalf.
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Cause title — parties, addresses and appearances
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 KU
The judgment continues below.
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