M/S. Moti Laminates Pvt. Ltd. Etc vs The Collector Of Central Excise, ... on 14 February, 1995
Marketability is an attribute of manufacture. It is an essential
criteria for charging duty. Identity of the product and
marketability are the twin aspects to decide chargeability.
Dutiability of the product depends on whether the product is
known to the market. The test of marketability is that the
product which is made liable to duty must be marketable in the
condition in which it emerges. Marketable means saleable.
The test of classification is, how are the goods known in the
market. These tests have been laid down by this Court in a
number of judgments including Moti Laminates Pvt. Ltd. v.
Collector of Central Excise, Ahmedabad [1995 (76) ELT 241];
Union of India v. Delhi Cloth & General Mills Co. Ltd. [1997
(92) ELT 315]; Cadila Laboratories Pvt. Ltd. v. Commissioner
of Central Excise, Vadodara [2003 (152) ELT 262].