Marketability remains essential for excisability; captive glass fibre not proved marketable and therefore not excisable.

Inclusion of an item in the Central Excise Tariff does not by itself make it excisable; marketability remains an essential test of whether the product is goods. Applying that principle to glass fibre manufactured and captively consumed in producing glass tissue, the Tribunal found no proof of marketability and held that the product was not excisable. The appeal failed.

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Issues: Whether glass fibre manufactured and consumed captively in the production of glass tissue was excisable despite being included in the tariff and whether marketability remained a necessary condition for excisability.

Analysis: The Tribunal held that inclusion of an item in the Central Excise Tariff does not by itself dispense with the requirement that the product must be marketable in order to qualify as goods. It relied on the settled position that marketability continues to be an essential test for excisability.

Conclusion: The goods were not shown to be marketable and, therefore, were not excisable. The appeal failed.

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