COMMISSIONER OF CENTRAL EXCISE Vs. HINDUSTAN PLATINUM LTD.

JUDGEMENT

(1.) The issue involved in these appeals is as to whether the chemical processing of Platinum, Palladium, Rhodium, Gold and Silver is intermediary product which is exigible to excise duty?

(2.) In all these appeals, we find that the Tribunal had recorded a categorical finding that the Department/Revenue did not produce any concrete evidence as to the marketability of the intermediate products which were captively used by the assessees in their factories for further manufacture of finished goods.

(3.) Mr. K. Radhakrishnan, learned senior counsel appearing for the Department/Revenue made an endeavour to show that even if there was no evidence led by the Revenue, there was an admission to this effect in the statements of the Officers of the assessees. On going through those statements, we do not find any such admission on this aspect.