Supreme Court of India · 2008-02-21
White Machines vs Commissioner Of Central Excise, Delhi
- Court
- Supreme Court of India
- Petitioner
- White Machines
- Respondent
- Commissioner Of Central Excise, Delhi
- Bench
- Ashok Bhan, Dalveer Bhandari
Judgment text excerpt
The Supreme Court held that excise duty cannot be levied on intermediary products unless they are marketable, as established in Union Carbide India Ltd. vs. Union of India and Gujarat Narmada Valley Fertilizer Co. Ltd. The Court found that the Tribunal failed to record any finding on the marketability of C.I.castings, which are essential for determining the applicability of excise duty. Consequently, the Court set aside the Tribunal's order and remitted the case for fresh consideration on the marketability issue.