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Showing contexts for: processing is preservation in Madley Pharmaceuticals Ltd vs Commnr Of Central Excise&Customs, ... on 14 January, 2011Matching Fragments
39) In Himalaya Drug Company vs. C.C.E., (2005) 187 ELT 427, the question before the Tribunal was, whether the excise duty is leviable on `vegetable extracts' manufactured by the assessee for use in the manufacture of Ayurvedic, Unani or Siddha Medicines.
The Tribunal, while answering the issue, concluded that such vegetable extracts, unless subjected to preservative process, are not liable to be considered as Goods attracting excise duty and such Goods should be considered as only intermediary Goods. Further, in view of the fact that the licence issued by the Drug Controller prohibits assessee from selling such semi finished products. Therefore, the Tribunal concluded that such intermediary or semi finished Goods manufactured by assessee cannot be compared with the products manufactured by others for sale, for the purpose of `marketability'.