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<h1>Appeal dismissed due to lack of evidence on marketability of nitrogen-di-oxide</h1> The appeal was dismissed as the department failed to establish the marketability of nitrogen-di-oxide arising during nitric acid manufacture, rendering it ... Nitrogen-di-oxide arising in a continuous process is not marketable, hence not excisable The appeal filed by the department questioned the excisability of nitrogen-di-oxide arising during nitric acid manufacture. The department failed to prove marketability, leading to the conclusion that it is not excisable. Previous tribunal decisions emphasized marketability for excisability. Lack of evidence on marketability led to the dismissal of the appeal, as nitrogen-di-oxide is not considered marketable based on its properties and uses.
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