Commissioner Of Central GST And Central Excise , J And K vs. Insecticides INDIA LTD.

CEA/44/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02010012201821 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. This implies that the findings and reasoning in that prior order are adopted for this case. Without the content of the order in CEA No.05/2018, the specific holdings, reasoning, and ratio decidendi for this appeal cannot be determined from the provided text. The operative directions would be those stipulated in the referenced order. No issue was expressly left undecided in this judgment.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Insecticides India Limited. 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 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

The judgment does not explicitly frame the issues for determination. However, by referencing a prior detailed order in CEA No.05/2018, it implies that the issues decided in that case are the operative ones for this appeal. The petitioner (Commissioner of Central GST & Central Excise) would have argued for upholding the revenue's position, while the respondent (Insecticides India Limited) would have argued for relief. The specific legal provisions and contentions of each side are not detailed in this particular judgment, as it relies on the reasoning of a separate, prior order.

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.44/2019 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 Insecticides 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 KUM

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.