Commissioner Of Central GST And Central Excise Jammu vs. B.R.Agrotech LTD.

CEA/172/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02002390201921 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. This implies that the findings and reasoning in the connected case would govern the outcome of this appeal. Without the details of the order in CEA No.05/2018, the specific holdings, reasoning, and ratio decidendi for this appeal cannot be determined. The operative directions would be those stipulated in the referenced order. Any issues expressly left undecided in the referenced order would also apply here.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu against B. R. Agrotech Limited. The appeal was decided on August 21, 2019. The order states that the present appeal is disposed of in terms of a detailed order passed on the same day 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 B. R. Agrotech Limited are detailed in this order.

Key Issues

The judgment does not explicitly frame the issues for determination in this specific appeal. However, it refers to a detailed order passed in a connected appeal (CEA No.05/2018). Therefore, the issues decided in that connected appeal would likely be the basis for the decision in this case. The petitioner (Commissioner) would have argued for upholding the revenue's position, while the respondent (B. R. Agrotech Limited) would have argued for relief. The specific legal provisions and arguments are not detailed in this order, as it relies on a separate, more comprehensive 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.172/2019 CM No.3772/2019 Decided on: 21.08.2019 Commissioner of Central GST & Central Excise (J&K), Jammu …Appellant(s) Through:- Mr. Jagpaul Singh, Advocate. v/s B. R. Agrotech 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 K

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

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.