https://www.taxtmi.com/caselaws?id=95841 In excise proceedings concerning an intermediate product arising during manufacture of an exempt final product, marketability remains a necessary condition for excisability, and the Revenue bears the burden of proving that the material is stable, known in the market, and capable of being bought and sold. On the facts stated, that proof was absent, so duty could not be sustained on merits. The text also states that extended limitation and penalty require deliberate suppression or intent to evade duty; where the assessee acted under a bona fide belief that no duty was payable and no mens rea was established, invocation of the extended period and penalty was not justified. en-us Tue, 14 Mar 2000 00:00:00 +0530 Thu, 15 Dec 2011 13:30:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=95841 In excise proceedings concerning an intermediate product arising during manufacture of an exempt final product, marketability remains a necessary condition for excisability, and the Revenue bears the burden of proving that the material is stable, known in the market, and capable of being bought and sold. On the facts stated, that proof was absent, so duty could not be sustained on merits. The text also states that extended limitation and penalty require deliberate suppression or intent to evade duty; where the assessee acted under a bona fide belief that no duty was payable and no mens rea was established, invocation of the extended period and penalty was not justified. Case-Laws Central Excise Tue, 14 Mar 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=95841