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

CEA/32/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02010134201821 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 (CEA No. 32/2019) is disposed of in terms of the detailed order passed in CEA No. 05/2018. The reasoning and ratio decidendi would be those established in the aforementioned connected case. The operative directions would be to follow the decision in CEA No. 05/2018. No specific issues pertaining to this appeal were independently decided or reasoned upon in this order. The judgment does not mention any issue being expressly left undecided.

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 High Court of Jammu and Kashmir at Jammu disposed of the present appeal 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 facts regarding the dispute between the Commissioner and Biostadt India Limited are recorded in this order, nor is the tax period or the amount in dispute mentioned.

Key Issues

The judgment does not explicitly frame the issues for determination in this specific appeal. It states that the appeal is disposed of in terms of the order passed in a connected matter, CEA No. 05/2018. Therefore, the issues decided in CEA No. 05/2018 would be the operative issues for this appeal. However, the content of that order is not provided here. The appellant is the Commissioner of Central GST & Central Excise, and the respondent is Biostadt India Limited. No arguments from either side are recorded in this judgment.

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. 32/2019 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 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 : RAJ

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.