https://www.taxtmi.com/caselaws?id=205040 A captively used mixture of graphite and clay was held not excisable because the department failed to prove marketability. The mere fact that the product was mentioned in the tariff or in an exemption notification was insufficient to establish excisability. Applying the settled test that goods must be capable of being bought and sold before they can be treated as excisable, the intermediate product was found not liable to duty, and the related duty demand and penalty could not be sustained. en-us Tue, 27 Oct 2009 00:00:00 +0530 Wed, 17 Aug 2011 14:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=205040 A captively used mixture of graphite and clay was held not excisable because the department failed to prove marketability. The mere fact that the product was mentioned in the tariff or in an exemption notification was insufficient to establish excisability. Applying the settled test that goods must be capable of being bought and sold before they can be treated as excisable, the intermediate product was found not liable to duty, and the related duty demand and penalty could not be sustained. Case-Laws Central Excise Tue, 27 Oct 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=205040