M/S. Cipla Ltd vs Commissioner Of Central Excise, ...

The Supreme Court, in Civil Appeal No. 5793 of 2002, held that Benzyl Methyl Salicylate (BMS) is not an excisable product under the Central Excise Act, 1944, as it was not marketable. The Court emphasized the necessity of proving marketability for excise duty applicability, referencing Section 35L(b) of the Act and the precedent set in Bhor Industries Ltd. v. C.C.E. The Court upheld the Assistant Collector's decision that BMS was not excisable, thereby rejecting the Revenue's appeal.