Ajanta Ltd vs Kandla on 18 September, 2019
7. As regards the imposition of penalty, redemption fine and confiscation,
we find merits in the argument of the appellant. The appellant had earlier
sought classification under heading 85.03 and the matter can be a subject
matter of opinion and therefore, in these circumstances, imposition of
penalty and confiscation is not justified as held by Tribunal in the case of
Universal Chemical (India) vs. Collector of Central Excise, Bombay (supra).
The confiscation and redemption fine are therefore, set-aside and penalties
are also set-aside.