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2019 Supreme(J&K) 507

RAJESH BINDAL, SINDHU SHARMA
Commissioner of Central GST and Central Excise, Jammu – Appellant
Versus
Sun Pharma Laboratories Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Jagpaul Singh.
For the Respondents: Amar Pratap Singh, J.A. Hamal, Pranav Kohli.

JUDGMENT :

RAJESH BINDAL, J.

1. This order will dispose of a bunch of appeals bearing numbers:

    CEA Nos. 5, 7-12, 14-66, 81, 83-87, 93-130, 132-145 of 2018.

CEA Nos. 1-6, 8-88, 90-93, 95-115, 117-177 and 179-181 of 2019.

All the appeals involve identical issues.

2. The facts are being noticed from CEA No. 05/2018. The revenue is in appeal before this Court against the order passed by the Customs, Excise and Service Tax Appellate Tribunal (for short ‘the Tribunal’) in Appeal No. E/53581/2014, dated 22.03.2018, raising the following substantial questions of law:-

    “(a) Whether Tribunal was right in passing the judgment impugned relying upon a judgment passed by the learned Single Judge of the Hon'ble High Court of J&K at Jammu in O.W.P. No. 470/2008 along with connected petitions titled Reckit Benckiser vs. Union of India and Others, 2011 (1) JKJ 373 [HC] on 23.12.2010 when the same is challenged before the Divisional Bench of the High Court of J&K at Jammu in L.P.A. (O.W.) No. 20/2011 titled Union of India and Others vs. Reckit Benckiser along with connected appeals and vide interim order dated 13-12-2012, the judgment passed by the writ court is modified and an identical matter is pending d

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