TMI Blog2004 (4) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... existence. It is a Paint which is known in the market as "Aluminium Paint". We see no substance in the submission that it is not marketable because it has a very short shelf life. As per the statement given by the Manager and the Managing Director of the Appellants' Company the product has a shelf life of 8 to 10 hours. This is enough to market it. Even otherwise, the Department has produced from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies below were right in holding that a distinct product had come into existence and that it was a marketable - Decided against assessee. - 4149 of 1998 - - - Dated:- 1-4-2004 - S.N. Variava and H.K. Sema, JJ. [Order]. - This Appeal is against the Judgment dated 5th March, 1998 passed by the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as "CEGAT"). 2.Br ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anufacture". It was submitted that since the shelf life of the Aluminium Paint was very short the same would not be marketable and could not be bought or sold in the market. 4.We see no substance in these submissions. After the aluminium paste, metal lacquer and thinner are mixed in exact proportions, a separate and distinct product with a distinct identity comes into existence. It is a Paint w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 1st June, 1989, wherein he has inter alia stated that the Appellants have since stopped making the product and started purchasing Aluminum Paint from the market. When asked whether there was any difference between the product which they purchased from the market and the mixtures which they used to manufacture, the answer was that he could not say. 5.On the above facts both the authorities b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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