CESTAT adjudicated a dispute involving classification of...

CESTAT adjudicated a dispute involving classification of imported "Nickel Hydroxide Type M5" under customs tariff headings. The tribunal determined that the imported compound was incorrectly classified, finding it a separate chemically defined compound containing Cobalt Hydroxide and graphite, intended for manufacturing Nickel Cadmium Batteries. While dismissing the appeal on classification merits, the tribunal ruled against imposing penalties, determining no malafide intention existed in the tariff classification. The appeal was partly allowed, with the demand limited to the normal limitation period and penalties withdrawn, based on interpretation of Customs Tariff Act and General Rules of Interpretation.

---