Movability and marketability tests excluded in-situ petroleum storage tanks from excise duty treatment.

Petroleum storage tanks fabricated in situ were examined on the twin tests of movability and marketability for excise duty. The Tribunal treated the dispute as covered by earlier decisions on the same ratio and held that tanks fabricated at site did not satisfy those requirements on the facts presented. They were therefore not regarded as excisable goods.

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Issues: Whether petroleum storage tanks fabricated at site satisfied the twin tests of movability and marketability so as to constitute goods liable to excise duty.

Analysis: The dispute turned on whether the storage tanks, fabricated in situ, could be treated as movable and marketable goods for the purposes of excise. The Tribunal noted that the issue had already been considered in earlier decisions and that the present facts were covered by the same ratio.

Conclusion: The tanks were not treated as excisable goods on the facts of the case, and the appeal was allowed.

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