2003 (1) TMI 569 - AT - Central Excise

Tribunal overturns rejection of abatement claim, emphasizes compliance with statutory provisions

UNITED SPECIAL ISPAT LTD. Versus COMMISSIONER OF C. EX., CHANDIGARH

The Tribunal allowed the appeal, setting aside the order-in-original that rejected the abatement claim under Rule 96ZO(2) of the Central Excise Rules. It ... Abatement of duty Issues:Appeal against order-in-original for abatement of duty under Rule 96ZO(2) of the Central Excise Rules.Analysis:The appellants, engaged in manufacturing steel ingots and billets under Sec. 3A of the Central Excise Act, sought abatement of duty for specific periods. The claim was rejected based on non-compliance with Rule 96ZO(2) conditions, particularly the requirement to declare factory closure for the abatement period. The appellants contended they had fulfilled this condition by informing the revenue authorities about the closure and subsequent reopening of their unit. The revenue, however, argued that the appellants failed to make the necessary declaration during furnace startup. The central issue revolved around the interpretation and application of Rule 96ZO(2)(e) regarding factory closure declaration.The Rule stipulates specific conditions for claiming abatement when production halts for at least seven days. It mandates written notifications to excise authorities about closure, electricity meter readings, and declarations upon resuming production. The crucial requirement under clause (e) demands a declaration of continuous factory closure during the abatement period. The appellants insisted they had adhered to these conditions by notifying the closure and subsequent startup, including explicit mention of continuous closure in their rebate application.The Tribunal found that the appellants had indeed fulfilled the Rule's conditions by providing timely notifications and explicitly stating the factory's continuous closure during the disputed period. The rejection of the abatement claim solely based on non-compliance with Rule 96ZO(2)(e) was deemed unjustified. Consequently, the impugned order was set aside, and the appeal was allowed in favor of the appellants. The judgment underscored the significance of strict adherence to statutory provisions while emphasizing the need for clear and accurate documentation to support claims for duty abatement under the Central Excise Rules.