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

CEA/47/2018HC Jammu and Kashmir and LadakhGSTCNR JKHC02009928201821 August 2019Bench: HON'BLE MRS. JUSTICE SINDHU SHARMA,HON'BLE MR. JUSTICE RAJESH BINDAL1 pages
AI SummaryRemanded

Held

The Court held that the present appeal is disposed of in terms of the detailed order passed in CEA No. 05/2018. This implies that the findings, reasoning, and ratio decidendi from the Sun Pharma Laboratories Limited case are applied to this appeal. The operative directions would therefore mirror those in the connected case, which are not elaborated here. The specific issues decided in the connected case, and thus implicitly in this one, along with the reasoning and ratio, are not provided in this judgment. No issue was expressly left undecided.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Hardcastle Pretrofer Limited. The judgment states that the present 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'. No specific tax period, amount in dispute, or the specific order/action under challenge is detailed in this judgment. The procedural history is limited to the filing of this appeal.

Key Issues

The judgment does not explicitly state the questions the Court had to decide. However, by referring to a connected case (CEA No. 05/2018), it implies that the issues in this appeal are identical to those decided in the Sun Pharma Laboratories Limited case. The petitioner (Commissioner of Central GST & Central Excise) likely argued for upholding the revenue's position, while the respondent (Hardcastle Pretrofer Limited) would have argued for relief. The specific legal provisions, circulars, or precedents relied upon are not detailed in this particular judgment, as it defers to the order in the connected case.

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. 47/2018 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 Pretrofer 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.