Commissioner Of Central GST And Central Excise vs. Crop Chemicals INDIA PVT.LTD.

CEA/129/2018HC Jammu and Kashmir and LadakhGSTCNR JKHC02010411201821 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'. 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.

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. 129/2018 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 Crop Chemicals (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 : RAJ KU

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.