Bharucha, J. - (1.) These appeals against the judgments and orders of the Customs, Excise and Gold (Control) Appellate Tribunal relate to the assessable value of computers for the purposes of excise duty. The appeals of M/s. Wipro information Technology Limited (Civil Appeal No. 79 of 1989) and M/s. PSI Date Systems Limited (Civil Appeal No. 491 of 1989) relate to the tariff as it was prior to 28th, February, 1986. The appeal of M/s. Tata Unisys Limited (Civil No. 6042 of 1994) relates to the present tariff under the Central Excise Tariff Act, 1985.
(2.) The question, principally, is in relation to the inclusion of the value of software sold with the computer in the assessable value thereof. It is not the contention of the appellants that the firm of etched software that is implanted into a computer is not to be taken into account in the valuation thereof for the purposes of excise duty. It is their case that the value of the software, such as discs, floppies, C.D. rhoms and the like, that they may sell along with the computer is not to be taken into account fro the aforesaid purpose.
(3.) We make it clear at the outset that when we shall speak of software, we shall be referring to tangible software of the nature of discs, floppies and C.D. rhoms and not to the intellectual property, also called software, that is recorded or stored thereon.;