https://www.taxtmi.com/caselaws?id=73560 Penalty was found unwarranted where the assessee sought the benefit of an exemption notification through a revised classification list, asked for provisional approval, and paid the differential duty at an early stage, showing bona fide conduct rather than deliberate defiance of law. Confiscation was nevertheless upheld because the goods were removed without payment of the correct duty, although the circumstances justified a lighter redemption fine. The matter thus reflects the principle that bona fide short-payment under a claim of exemption may defeat penalty, while confiscation can still remain available for removal of goods without proper duty payment. en-us Fri, 29 Jan 1988 00:00:00 +0530 Wed, 01 Jun 2011 17:58:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=73560 Penalty was found unwarranted where the assessee sought the benefit of an exemption notification through a revised classification list, asked for provisional approval, and paid the differential duty at an early stage, showing bona fide conduct rather than deliberate defiance of law. Confiscation was nevertheless upheld because the goods were removed without payment of the correct duty, although the circumstances justified a lighter redemption fine. The matter thus reflects the principle that bona fide short-payment under a claim of exemption may defeat penalty, while confiscation can still remain available for removal of goods without proper duty payment. Case-Laws Central Excise Fri, 29 Jan 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=73560