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1998 (1) TMI 370 - CEGAT, NEW DELHIExtract: .......at item in question is not excisable since item was neither marketed nor capable of being marketed and the view was upheld by the Supreme Court in the case of M/s. Eagle Flask Pvt. Ltd. (supra), following the ratio of the decisions, we accept the contention of the respondents. In the result, the appeals filed by the department are hereby dismissed.
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