2009 (11) TMI 775 - AT - Central Excise

Summary

Issues: Appeal for out-of-turn hearing and disposal, rejection of three abatement claims, lack of independent application of mind in the Commissioner's order.

Out-of-turn Hearing and Disposal:
The judgment pertains to an application filed by the Revenue seeking out-of-turn hearing and disposal of the appeal. The Tribunal, after considering both sides, found a valid reason for the earliest possible disposal of the appeal. The appeal is against the Commissioner's order rejecting three abatement claims. The Tribunal noted that certain demands of duty were confirmed against the assessee for the same periods in a separate order challenged before the Tribunal. The Tribunal had remanded that case to the Commissioner for a fresh decision. The Tribunal considered this circumstance while allowing the Revenue's application for out-of-turn hearing.

Rejection of Abatement Claims:
The appeal challenges the Commissioner's order rejecting three abatement claims filed by the appellant for specific periods. The Tribunal observed that the Commissioner's order was based on a verification report submitted by the Divisional Assistant Commissioner, lacking an independent application of mind. Consequently, the Tribunal set aside the Commissioner's order and allowed the appeal by way of remand. The Tribunal directed the Commissioner to take a fresh decision on the three abatement applications of the assessee while dealing with the case already remanded by the Tribunal in a previous order. It was emphasized that the assessee should be given a reasonable opportunity to be heard during this process.

Lack of Independent Application of Mind:
The Tribunal highlighted that the Commissioner's order, based on the verification report, did not demonstrate an independent application of mind. Such an order was deemed necessary to be set aside promptly. In response to this deficiency, the Tribunal set aside the Commissioner's order and instructed a fresh decision on the abatement applications, emphasizing the need for the Commissioner to consider the matter with due diligence and provide the assessee with a fair opportunity to present their case.

In conclusion, the judgment addressed the issues of out-of-turn hearing and disposal, rejection of abatement claims, and the lack of independent application of mind in the Commissioner's order. The Tribunal allowed the appeal by remanding the case to the Commissioner for a fresh decision, ensuring a fair opportunity for the assessee to be heard.