- (1.) The instant appeals are filed against the final judgment and order dated 05.05.2004 passed by the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as ' CESTAT'), whereby the appeal of the Revenue against the order of the Commissioner (Appeals) was allowed. The dispute pertains to the valuation of certain goods used captively by the Appellant in the turnkey contracts, in the following circumstances.
(2.) The Appellant, Inter alia, manufactures smoke detectors and parts thereof. These goods are sold in two distinct streams as under: (a) sales in loose condition; and (b) sales as part of turnkey projects where no separate values are recovered for the sale of these goods but the price of the goods forms part of an overall consideration mentioned for such turnkey contracts.
(3.) Insofar as the turnkey projects are concerned, the Appellant takes the works contracts which are awarded by certain buyers for setting up of the fire fighting system in the buildings. In executing these turnkey projects to set up the fire fighting system, the aforesaid smoke detectors and parts thereof are also used. It is the valuation of these smoke detectors and parts thereof for the purpose of payment of excise duty which is bone of contention.;