https://www.taxtmi.com/caselaws?id=89293 Compounded rubber captively consumed by the assessee was found not to be proved marketable because it had a very limited shelf life, required immediate use after mixing, and lacked stability. Since marketability is a necessary condition for excisability, the burden rested on the Revenue to establish that the product was a marketable commodity. The record contained no material to rebut the assessee's case, and the Revenue produced no evidence to displace the finding that marketability had not been shown. On those facts, the product was not liable to excise duty and the appeal was rejected. en-us Mon, 29 Jun 1998 00:00:00 +0530 Mon, 26 Sep 2011 10:48:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=89293 Compounded rubber captively consumed by the assessee was found not to be proved marketable because it had a very limited shelf life, required immediate use after mixing, and lacked stability. Since marketability is a necessary condition for excisability, the burden rested on the Revenue to establish that the product was a marketable commodity. The record contained no material to rebut the assessee's case, and the Revenue produced no evidence to displace the finding that marketability had not been shown. On those facts, the product was not liable to excise duty and the appeal was rejected. Case-Laws Central Excise Mon, 29 Jun 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=89293