Commissioner Of Central G.S.T. And Central Excise J And K Jammu vs. J And K Cement Corporation

CEA/79/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02001193201921 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 not elaborated upon in this judgment, as it relies entirely on the findings and directions of the aforementioned prior order. Consequently, the specific ratio decidendi applicable to this appeal is derived from the decision in CEA No.05/2018. No operative directions are provided within this judgment itself, other than the disposal of the appeal as per the referenced order. Any issues expressly left undecided are not recorded here.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against J&K Cement Corporation. The appeal was decided on August 21, 2019. The operative part of the judgment states that the present appeal is disposed of in terms of a detailed order passed in a different 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 the order under challenge is detailed in this particular judgment, other than it being an appeal.

Key Issues

The judgment does not explicitly frame the issues for determination or record arguments from either side. It solely refers to a prior detailed order in a different case for disposal. Therefore, the specific legal questions and contentions of the petitioner (Commissioner of Central GST & Central Excise) and the respondent (J&K Cement Corporation) are not recorded in this judgment. The Court's decision is based on the precedent set in CEA No.05/2018.

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.79/2019 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 J&K Cement Corporation …. 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 2

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.