https://www.taxtmi.com/caselaws?id=756306 Low sulphur heavy stock used captively for generating electricity was held not marketable on the evidence, including failure to meet the BIS parameters relied on in the record. Applying the principle that a non-marketable product is not excisable, the Tribunal treated the captive consumption as outside duty liability and distinguished the cited Supreme Court authority on the basis that there was no allegation of sale or marketing to third parties. The extended demand for January 2007 to March 2007 was also held time-barred because the captive use was reflected in the appellant's records and returns, and the department had been aware of the facts for a long period. en-us Wed, 31 Jul 2024 00:00:00 +0530 Thu, 01 Aug 2024 08:31:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756306 Low sulphur heavy stock used captively for generating electricity was held not marketable on the evidence, including failure to meet the BIS parameters relied on in the record. Applying the principle that a non-marketable product is not excisable, the Tribunal treated the captive consumption as outside duty liability and distinguished the cited Supreme Court authority on the basis that there was no allegation of sale or marketing to third parties. The extended demand for January 2007 to March 2007 was also held time-barred because the captive use was reflected in the appellant's records and returns, and the department had been aware of the facts for a long period. Case-Laws Central Excise Wed, 31 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756306