https://www.taxtmi.com/caselaws?id=106390 Capitive use of 500 denier polypropylene filament yarn was examined on the basis of marketability, and the article states that excisability depends on whether the goods are capable of being bought and sold; on the facts described, prior market purchases and the absence of proof of an unusably short shelf-life supported marketability. It also notes that non-disclosure of manufacture and captive consumption can justify the extended period of limitation where the record does not disclose the activity to the department. Where Modvat credit was reversed on the mistaken belief that the goods were non-dutiable, the reversed credit was treated as adjustable once duty liability was confirmed, while penalty was reduced because concurrent penalties were found excessive on the stated facts. en-us Fri, 07 Jun 2002 00:00:00 +0530 Tue, 13 Mar 2012 18:44:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=106390 Capitive use of 500 denier polypropylene filament yarn was examined on the basis of marketability, and the article states that excisability depends on whether the goods are capable of being bought and sold; on the facts described, prior market purchases and the absence of proof of an unusably short shelf-life supported marketability. It also notes that non-disclosure of manufacture and captive consumption can justify the extended period of limitation where the record does not disclose the activity to the department. Where Modvat credit was reversed on the mistaken belief that the goods were non-dutiable, the reversed credit was treated as adjustable once duty liability was confirmed, while penalty was reduced because concurrent penalties were found excessive on the stated facts. Case-Laws Central Excise Fri, 07 Jun 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=106390