M/S. MOTI LAMINATES vs THE COLLECTOR OF CENTRAL EXCISE

The Supreme Court addressed the question of whether goods listed in the Excise Tariff Schedule are dutiable as 'excisable goods' under the Central Excises & Salt Act, 1944, specifically requiring marketability for duty imposition as per Section 2(f). The Court reaffirmed that marketability is a sine qua non for the levy of excise duty, referencing the precedent set in Indian Cable Co. Ltd. vs. Collector of Central Excise, Calcutta. The Court held that the intermediate products produced by the appellants, which were not marketed but captively consumed, were not liable for excise duty.