https://www.taxtmi.com/caselaws?id=86183 Nitrogen dioxide emerging during manufacture of nitric acid was held not to be excisable because marketability was not proved. The authorities found no evidence that the product was capable of commercial sale, and that finding was not specifically challenged. Its emergence in a continuous manufacturing process was insufficient by itself to establish marketability, and the product's description and shipping or use characteristics did not show marketable status. As marketability is a necessary condition for excisability, duty could not be levied on the product. The appeal was dismissed. en-us Sat, 09 Nov 1996 00:00:00 +0530 Wed, 10 Aug 2011 16:43:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=86183 Nitrogen dioxide emerging during manufacture of nitric acid was held not to be excisable because marketability was not proved. The authorities found no evidence that the product was capable of commercial sale, and that finding was not specifically challenged. Its emergence in a continuous manufacturing process was insufficient by itself to establish marketability, and the product's description and shipping or use characteristics did not show marketable status. As marketability is a necessary condition for excisability, duty could not be levied on the product. The appeal was dismissed. Case-Laws Central Excise Sat, 09 Nov 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=86183