Commissioner Of Central G.S.T. And Central Excise, Jammu vs. J And K Cement Corporation, Kathua

CEA/61/2019HC Jammu and Kashmir and LadakhGSTCNR JKHC02000732201921 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 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 being decided based on the precedent set in the aforementioned case. The operative direction is the disposal of the appeal in line with the order in CEA No.05/2018. No specific issues were decided on their merits in this particular judgment, as it relies on a prior order. Any issues expressly left undecided are not recorded.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against J&K Cement Corporation. The appeal was decided on August 21, 2019. The judgment states that the present appeal is disposed of in terms of a detailed order passed in a different case, CEA No.05/2018 titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'. No specific details regarding the tax period, amount in dispute, or the order under challenge are provided in this judgment. The respondent, J&K Cement Corporation, was represented by none.

Key Issues

1. Whether the present appeal should be disposed of in terms of the order passed in CEA No.05/2018 titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'? Petitioner's Argument: The appellant (Commissioner of Central GST & Central Excise) argued that the present appeal should be disposed of in terms of the detailed order passed in CEA No.05/2018. No specific arguments were recorded for the respondent as none appeared. Revenue/State's Argument: Not recorded.

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.61/2019 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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