https://www.taxtmi.com/caselaws?id=1573 For captively consumed intermediate goods, excise duty can be sustained only if the Revenue proves that the goods are marketable in the form and condition in which they emerge in the factory. In the absence of positive evidence of marketability, duty on such intermediate products cannot be maintained. A stock transfer of gold chloride solution from another unit does not by itself establish that the in-process product in the assessee's factory was the same marketable commodity, particularly where no sample testing or other proof showed matching quality or purity. The core principle is that marketability must be established on the actual goods in issue. en-us Wed, 30 May 2007 00:00:00 +0530 Tue, 15 Apr 2008 07:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=1573 For captively consumed intermediate goods, excise duty can be sustained only if the Revenue proves that the goods are marketable in the form and condition in which they emerge in the factory. In the absence of positive evidence of marketability, duty on such intermediate products cannot be maintained. A stock transfer of gold chloride solution from another unit does not by itself establish that the in-process product in the assessee's factory was the same marketable commodity, particularly where no sample testing or other proof showed matching quality or purity. The core principle is that marketability must be established on the actual goods in issue. Case-Laws Central Excise Wed, 30 May 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=1573