2007 (5) TMI 513 - AT - Central Excise

Summary

Issues:
- Abatement claim rejection for a specific period under compounded levy scheme
- Demand of duty and penalty through a show cause notice
- Appeal against the adjudication order by the Commissioner
- Applicability of penalty in cases of closure of unit without prior payment of duty

Abatement Claim Rejection:
The respondent, working under a compounded levy scheme, sought abatement for a particular period but did not pay duty for that period. The claim for abatement was rejected, and the duty liability was discharged later. The delay in payment was attributed to the pending abatement claim. The Commissioner held that penalty was not warranted due to the delay in disposing of the application, citing precedents. The Tribunal affirmed the Commissioner's decision, emphasizing that penalty is not attracted in cases of delayed payment due to pending claims for abatement.

Demand of Duty and Penalty:
A show cause notice was issued demanding duty and proposing a penalty, which was confirmed in adjudication. The matter was appealed before the Commissioner, who set aside the adjudication order. The revenue appealed, arguing that the Commissioner's decision was incorrect. The Tribunal considered the delay in disposing of the abatement claim as the reason for the delay in payment, leading to the conclusion that penalty was not justified in this case, aligning with previous Tribunal judgments.

Applicability of Penalty in Closure Cases:
The revenue contended that penalty should apply even in cases of closure of a unit without prior payment of duty. However, it was argued that prior payment of duty is not required in such cases, as supported by Tribunal decisions in similar matters. The delay in payment was linked to the pending abatement claim, leading to the rejection of the revenue's appeal. The Tribunal upheld that penalty is not warranted when delays in payment are due to pending claims for abatement, consistent with established legal principles.

In conclusion, the Tribunal rejected the revenue's appeal, affirming the Commissioner's decision that penalty was not applicable in this case due to the delay in disposing of the abatement claim, in line with previous Tribunal judgments and legal principles governing cases of delayed duty payment under compounded levy schemes.