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    <title>2019 (1) TMI 1157 - CESTAT NEW DELHI</title>
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    <description>Fly ash generated as residue during electricity generation from lignite was held not to be manufactured goods for central excise purposes, because excisability requires both manufacture and marketability. Although the fly ash had been sold and therefore satisfied marketability, it was not a product manufactured by the assessee but a waste or by-product arising in the course of burning lignite. The notification relied on by the department could not sustain the levy in the absence of statutory authority to tax a non-manufactured residue, so the demand under Notification No. 2/2011 was unsustainable.</description>
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      <title>2019 (1) TMI 1157 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=373992</link>
      <description>Fly ash generated as residue during electricity generation from lignite was held not to be manufactured goods for central excise purposes, because excisability requires both manufacture and marketability. Although the fly ash had been sold and therefore satisfied marketability, it was not a product manufactured by the assessee but a waste or by-product arising in the course of burning lignite. The notification relied on by the department could not sustain the levy in the absence of statutory authority to tax a non-manufactured residue, so the demand under Notification No. 2/2011 was unsustainable.</description>
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      <pubDate>Thu, 03 Jan 2019 00:00:00 +0530</pubDate>
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