Studyhatch Forum -excise duty

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What are the conditions goods must satisfy for the excise duty to be levied?
Solution

The word "goods", for purpose of levy of Excise duty, must satisfy two requirements i.e. (a) they must be movable and (b) they must be marketable. Goods must be movable - They must be movable. Thus, immovable property or property attached to earth is not ?goods? and hence duty cannot be levied on it. It was observed that the word ?manufacture? or ?production? are associated with movables. (E.g., a ?dam? or 'road' is constructed - not 'manufactured' or 'produced'). Goods must be Marketable - The item must be such that it is capable of being bought or sold. This is the test of ?Marketability?. The goods must be known in the market. Unless this test of marketability is satisfied, duty cannot be levied, as these will not be goods. This view, first held by 5-member constitution bench of Supreme Court in UOI v. Delhi Cloth, has been consistently followed by Supreme Court in subsequent cases and by all High Courts. It was held that to become ?goods? an article must be something, which can ordinarily come to market to be bought and sold.

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