Explanation to Sec (2d) introduces the concept of 'deemed marketability'- by providing that 'goods' include any article, material or substance which is capable of being bought & sold for consideration and such goods shall be deemed to be marketable. However, In CCEx V Dhakad Metals Pvt Ltd. (2010) 257 elt E139 (sc), held that – Copper Sldge arising in the process of manfacture of zinc sulphate (agricultural grade) is a ‘waste’. Merely because that can be sold in the market, it doesn’t become marketable; as marketability of product totally different from disposal of waste. My Q. is that since waste is realising consideration , hence by explanation to sec 2(d) it should be deemed marketable whereas SC has different view. Which is more correct ?
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