2007 (11) TMI 541 - AT - Central Excise

Summary

Issues Involved:
The denial of abatement claim due to failure to intimate closing stock balance during factory closure.

Summary:
The case involved the denial of abatement claim due to the appellant's alleged failure to inform the closing stock balance during the factory closure period. The appellant, a Hot Re-rolling Steel Mills, claimed abatement in duty liability as per Section 3A(3) of the Central Excise Act, subject to compliance with Rule 96ZP(2) of the Central Excise Rules. The rule required the manufacturer to inform the authorities about factory closure, electricity meter readings, and stock balances upon closure and restart.

The appellant filed abatement claims for specific periods, having followed the prescribed requirements for an earlier period. They communicated factory closure and stock details to the department. However, the Commissioner rejected subsequent abatement claims for not declaring stock balances during closure periods.

For the period 1-4-1999 to 1-5-1999, the appellant argued that continuous closure from 23-1-1999 to 1-5-1999 was intimated to the department, and stock remained unchanged upon restart on 2-5-1999. The Tribunal found continuous closure sufficient to waive the specific stock declaration on 1-5-1999, allowing the abatement claim for this period.

Regarding the period 8-5-1999 to 19-5-1999, the appellant failed to declare stock on 8-5-1999, leading to the rejection of the abatement claim for this period. The Tribunal upheld the Commissioner's decision for this specific period.

Citing relevant case law, the Tribunal emphasized the importance of declaring physical stock during closure periods. While delays in stock disclosure were noted in previous cases, timely intimation was crucial. Continuous closure justified waiving specific stock declarations. Consequently, the Tribunal set aside the Commissioner's decision for the period 1-4-1999 to 1-5-1999 but upheld it for the period 8-5-1999 to 19-5-1999.

In conclusion, the appeal was disposed of based on the above considerations.