https://www.taxtmi.com/caselaws?id=255523 A captive intermediate mixture of natural graphite and natural bentonite clay used in manufacturing pencil lead was treated as not amounting to manufacture and as failing the marketability test, so the duty paid on it was not sustainable on merits and the refund claim could not be rejected merely because the product was said to be excisable. The refund was therefore held admissible on merits. The matter was, however, remitted for fresh examination of unjust enrichment and other related refund eligibility issues, with the assessee to be given an opportunity to substantiate entitlement on those aspects. en-us Tue, 30 Dec 2014 00:00:00 +0530 Mon, 19 Jan 2015 13:33:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=255523 A captive intermediate mixture of natural graphite and natural bentonite clay used in manufacturing pencil lead was treated as not amounting to manufacture and as failing the marketability test, so the duty paid on it was not sustainable on merits and the refund claim could not be rejected merely because the product was said to be excisable. The refund was therefore held admissible on merits. The matter was, however, remitted for fresh examination of unjust enrichment and other related refund eligibility issues, with the assessee to be given an opportunity to substantiate entitlement on those aspects. Case-Laws Central Excise Tue, 30 Dec 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=255523