https://www.taxtmi.com/caselaws?id=107246 Slurry produced by admixing pesticides, insecticides, chemicals and water was held to fall within the deeming fiction of manufacture under Chapter Note 2 to Chapter 38, because the addition of chemicals and carriers created a product different from the inputs. Excise duty nevertheless failed because marketability was not proved: no material showed commercial acceptance, distinct identity in trade, or sale by the assessee or other manufacturers. Mere emergence of a new product was insufficient without proof that it was marketable. As the department did not establish marketability, the demand and penalty could not survive. en-us Fri, 29 Nov 2002 00:00:00 +0530 Mon, 19 Mar 2012 18:23:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=107246 Slurry produced by admixing pesticides, insecticides, chemicals and water was held to fall within the deeming fiction of manufacture under Chapter Note 2 to Chapter 38, because the addition of chemicals and carriers created a product different from the inputs. Excise duty nevertheless failed because marketability was not proved: no material showed commercial acceptance, distinct identity in trade, or sale by the assessee or other manufacturers. Mere emergence of a new product was insufficient without proof that it was marketable. As the department did not establish marketability, the demand and penalty could not survive. Case-Laws Central Excise Fri, 29 Nov 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=107246