Commissioner Of Central GST And Central Excise J And K,Jammu. vs. J And K Cement Corporation Kathua,J And K.

CEA/59/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02000740201921 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 (CEA No.59/2019) is disposed of in terms of the detailed order passed on the same day in CEA No.05/2018, titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'. The reasoning for this decision is that the present appeal is to be governed by the principles and findings established in the related case. The specific findings and reasoning from the order in CEA No.05/2018 are not detailed within this judgment. The operative direction is the disposal of the appeal in line with the precedent. No issues were expressly left undecided, as the appeal was disposed of based on an existing order.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against J&K Cement Corporation. The judgment does not specify the tax period(s) or the specific order or action under challenge, nor does it mention the authority that passed it. The amount in dispute is also not recorded. The procedural history is limited to the filing of the present appeal. The respondent, J&K Cement Corporation, was represented by None.

Key Issues

The Court had to decide the following issue: 1. Whether the present appeal should be disposed of in terms of the detailed order passed in a related case, CEA No.05/2018 titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'. The appellant's contention, as indicated by the operative part of the order, is that the present appeal should be decided based on the precedent set in the aforementioned related case. The respondent did not present any arguments.

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.59/2019 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 J&K Cement Corporation …. 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 KUMAR 2

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.