2006 (3) TMI 21 - AT - Central Excise

Central Excise Compound Levy Scheme The benefit of abatement of duty granted to the appellant from the date of receipt of the closure intimation to date of re-start of the operations

Summary

Issues: Appeal against Order-in-Original regarding grant of abatement of duty for a specific period.

Analysis:
1. The appellants were under the Compounded Levy Scheme and the issue revolved around the grant of abatement of duty for a particular period. The Revenue contended that the closure and re-start intimations were not filed in time, as per the statutory requirement. The Adjudicating Authority denied abatement based on this non-compliance, citing the necessity of timely intimation to the AC. The appellants challenged this decision.

2. The learned Consultant for the appellants raised several points during the appeal. Firstly, he argued that the Commissioner's order lacked a personal hearing, violating the Principles of Natural Justice. Secondly, he cited various case laws to support the appellants' case. Thirdly, he pointed out that the Show Cause Notice was unsigned, questioning the legality of the proceedings. Additionally, he highlighted that the factory did not operate continuously for more than 7 days due to intervening weekends, and referenced a Tribunal decision supporting abatement in similar circumstances.

3. The appellants had provided all necessary information in the closure and re-start intimations, including details like electricity meter readings and closing stock of ingots, meeting the conditions for claiming abatement. The learned Advocate argued that the department should have granted abatement from the date of closure intimation until the re-start, as there was no reason to deny the benefit.

4. Upon careful review of the case records, the Tribunal acknowledged the delayed receipt of the closure intimation by the Competent Authority. However, considering that all other conditions were met, the Tribunal deemed it unfair to completely deny abatement. Consequently, the Tribunal ruled in favor of the appellants, granting abatement from the date of receipt of closure intimation until the re-start of operations, overturning the Order-in-Original.

This judgment emphasizes the importance of timely compliance with statutory requirements while also upholding the principles of natural justice and fairness in decision-making processes.