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1990 (5) TMI 148 - CEGAT, NEW DELHIExtract: .......of being marketed. The Department has not adduced any such evidence in this case. Under these circumstances, following the ratio of the decision of the Apex Court, we have no other alternative except to hold that the goods in question are not liable to excise duty. 6A. In the view we have taken, we set aside the impugned order and allow the appeal.
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