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2008 (10) TMI 122 - CESTAT, KOLKATAResin treated polyester fabric obtained in tubular form in process which are used captively in mfg. of Gauntlet – Gauntlet is used by manufacturers of electric storage battery – no submission from Department to prove that the intermediate unfinished goods are marketable and excisable - no contrary decision has been shown by revenue against the Tribunal’s order in the case of Chloride Industries where similar goods were held non-marketable and hence not excisable – assessee’s appeal allowed
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