Commissioner Of Central GST And Central Excise , J And K vs. Hardcastle Petrofer PVT. LTD.

CEA/56/2018HC Jammu and Kashmir and LadakhGSTCNR JKHC02009886201821 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 is that the present appeal is directly linked to and dependent on the outcome of the aforementioned connected case. The operative direction is that the appeal stands disposed of in accordance with the decision in the related matter. No specific findings on the merits of the present appeal itself were recorded, as it was resolved by reference to another judgment. No issues were expressly left undecided.

Facts

This appeal was filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Hardcastle Petrofer Private Limited. The appeal concerns a matter that was decided in a related case, CEA No.05/2018, titled ‘Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited’. The present appeal is disposed of in terms of the detailed order passed in that related case. No specific tax period, amount in dispute, or the specific order/action under challenge is detailed in this judgment, beyond its relation to the aforementioned connected matter.

Key Issues

1. Whether the present appeal should be disposed of in terms of the order passed in CEA No.05/2018 titled ‘Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited’. Petitioner's Argument: The appellant (Commissioner of Central GST & Central Excise) argued that the present appeal should be disposed of in terms of the detailed order passed in the connected case, CEA No.05/2018. No specific legal provisions or precedents were cited in this judgment for this particular appeal, other than the reference to the connected matter. Respondent's Argument: The respondent (Hardcastle Petrofer Private Limited) did not present any arguments as none were recorded in the 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. 56/2018 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 Hardcastle Petrofer Private 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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