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Cce Vs. Pyramid Software and Tech.

Cce vs Pyramid Software and Tech.

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi Decided Mar 15, 2003
~2 min read
https://sooperkanoon.com/case/30316
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Citation
Court
Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Judge
Decided On

Parties & Advocates

Appellant / Petitioner

Cce

Respondent

Pyramid Software and Tech.

Legal References

Reported In
(2002)LC464Tri(Delhi)
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Excerpt

.....that the value of carry bags and ac-dc static converters is not to be included in the assessable value of automatic data processing machines manufactured by the respondents.2. when the case was called, none appeared on behalf of the respondents. the notice issued to the respondents was received back with the postal remarks 'left', therefore, the appeals are being taken up in the absence of the respondents.4. carry bags, which were supplied with every automatic data processing machine (computer), were separately mentioned in the invoice. the computers, in question, are lap-tops, which are carried in these bags, alongwith accessories of computer. as the respondents are clearing the lap-tops with carry bags in the course of trade, the value of carry bags is not to be included in the assessable value of the lap-top computer.5. in respect of ac-dc static converters, the adjudicating authority gave a finding of fact that these are not cleared with every computer and the computer is complete without converter. as the converter is not an integral part of the computer and is used as optional accessory with the computer, the value of the converter is not includible in the assessable.....

Full Judgment

1. Revenue filed these appeals against the orders passed by the Commissioner (Appeals) whereby the Commissioner (Appeals) held that the value of carry bags and AC-DC static converters is not to be included in the assessable value of automatic data processing machines manufactured by the respondents.

2. When the case was called, none appeared on behalf of the respondents. The notice issued to the respondents was received back with the postal remarks 'left', therefore, the appeals are being taken up in the absence of the respondents.

4. Carry bags, which were supplied with every automatic data processing machine (computer), were separately mentioned in the invoice. The computers, in question, are lap-tops, which are carried in these bags, alongwith accessories of computer. As the respondents are clearing the lap-tops with carry bags in the course of trade, the value of carry bags is not to be included in the assessable value of the lap-top computer.

5. In respect of AC-DC static converters, the adjudicating authority gave a finding of fact that these are not cleared with every computer and the computer is complete without converter. As the converter is not an integral part of the computer and is used as optional accessory with the computer, the value of the converter is not includible in the assessable value of Computer. The appeals are disposed of as indicated above.


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