2006 (12) TMI 158 - HC - Central Excise

Summary

Issues:
1. Appeal against order of Customs, Excise and Service Tax Appellate Tribunal
2. Disallowance of abatement claim
3. Delay in filing appeal before the Tribunal

Analysis:
1. The appeal was filed against the order of the Customs, Excise and Service Tax Appellate Tribunal, challenging the rejection of the abatement claim by the authorities. The substantial questions of law raised included whether the Tribunal's order without delving into the facts of the case was legally sustainable and if the rejection of the abatement claim based on the presumption of non-closure of the unit was valid.

2. The assessee had applied for abatement of duty for specific periods, but the claim was disallowed because the unit did not remain closed entirely during the relevant periods. The rejection was based on the unit being registered as a single unit with specific furnace capacities, and it was found that the unit did not comply with the requirement for abatement claims due to non-closure.

3. Despite the dismissal of a writ petition earlier due to the availability of an alternative remedy, the appellant filed an appeal that was dismissed as time-barred. The appellant sought condonation of the delay in filing the appeal before the Tribunal, arguing for a remand for a fresh decision. However, the court found that the issue had been settled in a previous judgment, highlighting that the abatement of duty was permissible only when the entire factory was closed, not just specific sections.

4. Referring to a Supreme Court judgment, the court emphasized that the abatement claim could not be accepted if only one furnace remained closed while the rest of the unit operated. The court noted that the appellant's unit had one registration number and one furnace in operation, leading to the dismissal of the appeal due to lack of merit as the abatement claim did not meet the legal requirements.

In conclusion, the High Court dismissed the appeal, upholding the Tribunal's decision to disallow the abatement claim due to the unit's failure to comply with the necessary closure requirements for duty relief.