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TMI Blog2018 (6) TMI 772X X X X Extracts X X X X X X X X Extracts X X X X ..... ther the single ply yarn produced by the appellant is marketable and thereby liable to excise duty or not? - Held that:- Appellant had an intention of marketing this yarn even if they have not actually sold any. Thus, the excisability of the product in question is established by the declaration by the assessee themselves in the classification list - singly ply jute yarn manufactured by the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods from April 1996 to February 1997. The facts are not undisputed. The appellants manufactured single ply jute yarns and used it to manufacture multiple fold yarn jute which is cleared without payment of duty. The appellant also filed classification list with the department indicating single jute yarn as the goods intended to be cleared by the appellants. 2. Final products of the appellants are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner (Appeals) need to be set aside. (b) In a similar case, in the case of Sri Venkata Balaji Jute Mills Pvt. Ltd., Srikakulam District, the adjudicating authority held that jute yarn at bobbins stage is not marketable and dropped the demands. (c) Entire demand arises on account of an audit objection by CAG which has finally been settled. (d) In view of the above, Order-in-Appeal may be s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed a classification list over the single ply jute yarn which the manufacturer has capable of being marketed. This fact has not been disputed by the appellant. Thus they had an intention of marketing this yarn even if they have not actually sold any. Thus, the excisability of the product in question is established by the declaration by the assessee themselves in the classification list. We, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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