Goods not marketable=not liable for excise duty. Penalties unwarranted.

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....The case before CESTAT involved the classification of intermediate goods - polyester/cotton rove twisted yarn and nylon/cotton rove twisted yarn. The key issue was whether these goods should be classified under Subheading No.5608.00 or 5607.90. CESTAT held that the goods were not marketable, citing precedents such as CIMMCO BIRLA LTD. v. Commissioner of Central Excise. Due to non-marketability, the goods were not considered excisable, leading to the rejection of the duty demand. The penalty imposed was deemed unjustified as there was no prior proposal for it. The decision set aside the impugned orders and allowed the appeal.....