Per Jyoti Balasundaram :

The sole issue for determination in this batch of appeals is whether the value of systems software, application software and peripherals are includible in the value of computer systems manufactured by the appellants herein.

2. We have heard both sides and carefully considered their submissions.

3. The authorities below have inter-alia relied upon the decisions of the Tribunal in the case of Collector of Central Excise, Bangalore Vs. Sunray Computers P. Ltd. reported in 1988 (33) ELT 787 and Tata Unisys Ltd. Vs. Collector of Central Excise, Bombay reported in 1994 (73) ELT 96, in coming to the conclusion that the value of computer systems would also include the value of systems software, application software and peripherals. However, we find that the Apex Court, in the case of PSI Data Systems Ltd. Vs. Collector of Central Excise reported in 1997 (89) ELT 3 (SC) (on appeal against the Tribunal's order reported in 1994 (73) ELT 96 and two other orders) has set aside the Tribunal's order, holding that the value of software, if sold along with the computer, cannot be included in the assessable value of the computer for the purpose of excise duty. The Hon'ble