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

CEA/105/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02001677201921 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'. Therefore, the findings, reasoning, and ratio decidendi of the Court in CEA No.05/2018 would be applicable to this case. The operative directions would be those specified in the order for CEA No.05/2018. No specific issue was expressly left undecided in this judgment, as it relies on a prior detailed order. The principle that can be cited from this judgment is that appeals can be disposed of by reference to a detailed order passed in a connected matter.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu against Insecticides India Limited. The judgment does not specify the tax period(s) or the amount in dispute. The appeal is disposed of in terms of a detailed order passed in a connected case, CEA No.05/2018 titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'. The procedural history leading to this appeal is not detailed in the provided text, other than it being an appeal before the High Court.

Key Issues

The specific issues before the Court are not explicitly stated in this judgment. However, the appeal is disposed of based on the decision in CEA No.05/2018. The petitioner (Commissioner of Central GST & Central Excise) would likely be arguing for the upholding of the order or action that led to the appeal. The respondent (Insecticides India Limited) would likely be arguing against the revenue's position. The core legal question would revolve around the interpretation and application of GST laws relevant to the facts of the connected case, CEA No.05/2018. The judgment does not record any specific arguments made by either side in this particular appeal, but rather refers to a prior order.

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.105/2019 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 Insecticides 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 KUM

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.