https://www.taxtmi.com/caselaws?id=754400 Marketability is an essential ingredient of excisability, and the department must prove that intermediate products are capable of being bought and sold in the market. Here, polyester cotton rove twisted yarn and nylon cotton rove twisted yarn were used only for captive consumption, with no evidence of actual marketability; they were therefore held not marketable and not excisable. Once marketability failed, the classification dispute became irrelevant and the duty demand and equal penalty could not survive. The appropriation of sanctioned rebate amounts towards the disputed arrears also failed because it depended on the same unsustainable demand. en-us Fri, 21 Jun 2024 00:00:00 +0530 Mon, 24 Jun 2024 08:11:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=754400 Marketability is an essential ingredient of excisability, and the department must prove that intermediate products are capable of being bought and sold in the market. Here, polyester cotton rove twisted yarn and nylon cotton rove twisted yarn were used only for captive consumption, with no evidence of actual marketability; they were therefore held not marketable and not excisable. Once marketability failed, the classification dispute became irrelevant and the duty demand and equal penalty could not survive. The appropriation of sanctioned rebate amounts towards the disputed arrears also failed because it depended on the same unsustainable demand. Case-Laws Central Excise Fri, 21 Jun 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=754400