2010 (11) TMI 207 - HC - Central Excise

Duty on the basis of capacity of production - Abatement - The assessee manufactures MS ingots - The benefit of abatement can be given if the conditions mentioned in Rule 96ZO(2) of Central Excise Rules, 1944 are complied with - it is admitted that the assessee did not furnish the information about the finished goods and the raw material on the date of closure - As the necessary conditions were not complied with, the abatement was rightly refused - Decided against the assessee

Summary

Issues:
Assessment of excise duty based on production capacity under Section 3-A of Central Excise Act, 1944; Disallowance of abatement of excise duty for specific periods; Compliance with Rule 96ZO(2) of Central Excise Rules, 1944 for abatement eligibility.

Analysis:
The judgment by the High Court of Allahabad pertains to an assessee engaged in the manufacturing of MS ingots, who was assessed for excise duty based on production capacity as per Section 3-A of the Central Excise Act, 1944. The assessee sought abatement of excise duty for two specific periods when the factory was closed. However, the Commissioner Central Excise disallowed the abatement, a decision upheld on appeal.

The assessee then filed a reference application before the High Court, raising questions related to the compliance with Rule 96ZO(2) of the Central Excise Rules, 1944 for abatement eligibility. The questions revolved around issues such as the submission of electricity meter readings, production figures, and information about closure and restarting of the unit within the stipulated time.

Upon hearing arguments from both parties, the Court emphasized that the benefit of abatement could only be granted if all conditions specified in Rule 96ZO(2) were met. It was noted that the assessee failed to provide essential information regarding finished goods and raw materials on the date of closure, a crucial requirement under the Rule. Consequently, as the necessary conditions were not fulfilled, the abatement was rightfully denied.

In conclusion, the Court ruled against the assessee on all questions, affirming the decision in favor of the excise department. The judgment underscores the significance of strict compliance with statutory provisions for availing benefits such as abatement of excise duty, highlighting the importance of meeting all prescribed conditions to avoid disallowance.