Commissioner Of Central G.S.T. And Central Excise J And K,Jammu. vs. Biostatdt INDIA LTD.

CEA/99/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02001062201921 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.99/2019) is disposed of in terms of the detailed order passed in CEA No.05/2018. This implies that the decision in CEA No.99/2019 is a direct consequence of the findings and reasoning in CEA No.05/2018. The judgment does not provide the specific findings, reasoning, or ratio decidendi for CEA No.99/2019 itself, as it defers to the other order. Consequently, no operative directions or relief granted specific to this appeal are detailed here, other than its disposal in line with the other case. 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 Biostadt India Limited. The appeal was decided on 21.08.2019. The operative part of the judgment states that the present appeal is disposed of in terms of a detailed order passed on the same day 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/action under challenge is detailed in this judgment itself, as it refers to another order for the substantive decision.

Key Issues

The judgment does not explicitly frame the questions of law or detail the arguments presented by either side. It is stated that the present appeal is disposed of in terms of the detailed order passed in CEA No.05/2018. Therefore, the issues and arguments would have been those decided in the referenced case. Without access to that order, the specific legal questions and contentions for this appeal cannot be determined from the provided text. The judgment is silent on the specific arguments made by the appellant (Commissioner of Central GST & Central Excise) and the respondent (Biostadt India Limited) in this particular appeal.

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.99/2019 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 K

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.