https://www.taxtmi.com/caselaws?id=51577 A chemically identifiable residual product of industry was treated as excisable and marketable because chemical testing showed it to be an organic compound covered by Chapter 38, and its actual sale supported marketability. The extended period of limitation was held invocable since no prior declaration or departmental knowledge of clearance was shown. However, enhancement of the penalty under Rule 173Q was unsustainable because the original penalty had not been challenged by the revenue, so the appellate authority could not increase it. The demand and finding of excisability were upheld, while the penalty remained confined to the original amount. en-us Wed, 09 Oct 2002 00:00:00 +0530 Mon, 27 Sep 2010 10:10:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=51577 A chemically identifiable residual product of industry was treated as excisable and marketable because chemical testing showed it to be an organic compound covered by Chapter 38, and its actual sale supported marketability. The extended period of limitation was held invocable since no prior declaration or departmental knowledge of clearance was shown. However, enhancement of the penalty under Rule 173Q was unsustainable because the original penalty had not been challenged by the revenue, so the appellate authority could not increase it. The demand and finding of excisability were upheld, while the penalty remained confined to the original amount. Case-Laws Central Excise Wed, 09 Oct 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=51577