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1 - 10 of 11 (0.31 seconds)M/S. Escorts Ltd vs Commnr. Of Central Excise, Faridabad on 29 April, 2015
"14. From this judgment, Shri Lakshmikumaran wished to emphasise
that, as in the said judgment, Transmission Assemblies were not available
in the market for being bought and sold, they were not excisable goods
not being marketable. As has correctly been pointed out by Mr. Gupta,
learned Senior Counsel appearing on behalf of the Revenue, what was
held in this judgment is that the product should not be known in the
market with any commercial name. The moment a product is
commercially known in the sense of fulfilling the practical test of being
known to persons in the market who buy and sell, the test is satisfied.
The fact that the product is generally not bought or sold or has no
demand in the market is irrelevant. It was held in the said judgment that
the plastic body is not known as a commercially distinct product in the
market and, therefore, if a manufacturer is asked to replace such body, it
would not be replaceable not being a commercially known product.
Commissioner Of Central Excise vs Venkatesh Beverages on 14 December, 2000
10. The Tribunal in the case of CCE v/s Venkatesh Bevarages - 2001(128)
EL T 75 held sugar solution at intermediate stage containing less than
65% sugar by weight should not be considered as sugar solution. In the
instant case, the sugar content is 78.2%. The sugar syrup/solution
prepared by the party and used by them in the manufacture of biscuits,
on a reasonable presumption would have been made with due care by
selecting sucrose carefully and by use of water clean from foreign
substances and in clean vessels. Such sugar syrup solution made by
mixing of sugar sucrose to water and fit enough to be used in biscuits of
the kind and brand that have been referred to, also does not appear to
suffer from being rendered not marketable on account of it failing to
meet the requirements of law regulating its use and exchange. The
Ingredients of Parle-G biscuits as listed by the manufacturer are Wheat
Flour, Sugar, Partially Hydrogenated Edible Vegetable Oils, Invert Syrup
(d Glucose, Laevulose), Leavening Agents [503 (ii), 500 (ii)), Salt, Milk
Solids, Emulsifiers [322 or 471 & 481 (i)) and Dough Conditioners [223
land added Flavors (Artificial)."
Central Excise Tariff Act, 1985
Section 2 in The Central Excise Act, 1944 [Entire Act]
The Central Excise Act, 1944
A.P. State Electricity Board vs Collector Of Central Excise, Hyderabad on 1 February, 1994
"11. The next question for consideration is whether actual marketing of
the perfumery compound manufactured by the respondent is necessary
for the levy of excise duty. It is settled that to hold the product as
excisable/dutiable, actual marketing/sale of goods is not necessary. What
is required to be proved is that the capability of marketing the product.
Marketability is decisive test for dutiability. Whether the goods are, in
fact, marketed or not is of no relevance. It is also not necessary that
goods in question should be generally available in the market. Even if the
goods are available from only one source or from a specified market,
makes no difference so long as they are available for purchasers. [See
A.P. State Electricity Board v. Collector of Central Excise, Hyderabad,
(1994) 2 SCC 428 = 1994 (70) E.L.T. 3 (S.C.)].
Commissioner Of Central Excise & ... vs M/S Karnataka Soaps & Detergents Ltd on 12 October, 2017
In Karnataka Soaps & Detergents Ltd. case explaining
the scope of marketability their Lordships observed as follows:
M/S Homemade Bakers (India) Ltd vs Cce, Delhi-Iii on 23 December, 2016
In support, he has referred to the
judgment of this Tribunal in the case of Homemade Bakers
(India) Ltd. vs. CCE, Rotak: 2012 (280) E.L.T. 429 (Tri.-
Del.).
Pomsy Food Products (P) Ltd vs Commissioner Of Central Excise on 19 March, 2014
10. Similar view has also been expressed by this Tribunal in
Pomsy Food Products (P) Ltd. (supra) following the earlier
precedents that test of marketability to be ascertained referring
to the Board Circular, which clarifies it is to be on the basis of
sugar content in the sample.