2008 (2) TMI 42

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..... gs u/ch 7207.10 - Tribunal has not recorded any finding regarding marketability of the intermediary product i.e. C.I.castings – hence excise duty could not be levied on the intermediary product i.e. C.I.castings - 2155 of 2002 - - - Dated:- 21-2-2008 - Ashok Bhan and Dalveer Bhandari, JJ. [Order].- Assessee-appellant (hereinafter referred to as 'the 'assessee') claimed the C.I.Chilled Rol .....

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..... anufacturing C.I.Chilled Rolls. 4. The adjudicating authority in its order dated 29.1.1999 recorded a finding to the following effect: "Both the circulars issued by Board as mentioned above do not speak anything about marketability of castings and as such marketability of castings have got no bearing on the classification of the product. Even otherwise the castings manufactured by the mark .....

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..... e because the final product i.e. C.I.Chilled Rolls is exempted from payment of excise duty. Since, there is no finding recorded by the Tribunal regarding marketability, excise duty could not be levied on the intermediary product i.e. C.I.castings. Counsel for the assessee relied upon a number of judgments to contend that unless the intermediary product is marketable, excise duty could not be levi .....

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