2009 (6) TMI 594 - HC - Central Excise

Abatement of duty - request for abatement is pending adjudication before the Commissioner - department raised demand for the very period for which a request for abatement is pending - Held that - no substantial question of law - dismissal of the appeal - application for stay, also dismissed

Summary

Issues:
1. Appeal against judgment of Customs, Excise and Service Tax Appellate Tribunal regarding abatement of duty under Compounded Levy Scheme.
2. Department raising demand for the same period for which abatement request is pending.
3. Decision of Appellate Authority and Tribunal in dismissing department's appeal.
4. Whether the appeal involves any question of law requiring interference by the High Court.
5. Direction to Commissioner to dispose of abatement application within a month.

Analysis:
1. The appeal before the High Court stemmed from a judgment and order of the Customs, Excise and Service Tax Appellate Tribunal regarding the abatement of duty under the Compounded Levy Scheme. The respondent company had applied for abatement, claiming closure for more than 7 days, which was pending adjudication before the Commissioner.

2. A crucial issue highlighted was the department's action of raising a demand for the same period for which the abatement request was pending. This raised concerns about the propriety of demanding duty without disposing of the abatement application first.

3. The Appellate Authority set aside the demand, emphasizing that its decision was without prejudice to the department's rights to take suitable action after the Commissioner's decision on the abatement matter. Subsequently, the Tribunal also dismissed the department's appeal, concurring with the reasoning of the Appellate Authority.

4. The High Court, after considering the facts and legal aspects, opined that the Appellate Authority and the Tribunal had taken a reasonable view on the matter. It was observed that as long as the abatement request was pending, the department should not have raised a demand for the same period without resolving the abatement application.

5. Ultimately, the High Court found no substantial question of law necessitating its interference in the appeal. The Court summarily dismissed the appeal while directing the Commissioner to expedite the disposal of the abatement application within a month, ensuring a fair hearing for all concerned parties. The Court clarified that the decision did not delve into the merits of the claim, leaving all aspects for the Commissioner to decide in accordance with the law.