In this connection, he refers to Commissioner of Central Excise, Bangalore Vs Electronics & Controls [1998(27) RLT 816 (CEGAT). It is submitted that the civil appeal filed by the assessee against the said decision of the Tribunal has been admitted by the apex court. Learned Counsel has also claimed support from the following decisions.
3) CCE Chennai Vs Mumeric Electronics Pvt Ltd., [2001 (138) ELT 1202 (Tri-Che)]
In all the cases cited by the JCDR, complete UPS system including battery bought out from the market was cleared from the factory and the cost of battery was held to be includible in the assessable value of the UPSSs.
5) Goetze (India)Ltd., Vs CCE [2004(169)ELT 274(T-Del)]
The Reliance has been placed on the above decisions in support of the counsels plea that the cost of bought- out components cannot be included in the assessable value of the goods manufactured and cleared from the factory. It is submitted that the case developed by the Revenue in the present appeal is beyond the scope of the show-cause notice wherein it had not been alleged that UPSSs was cleared as a complete set with battery from the branch office seemingly reckoned as an extension of factory. It was also not alleged in the show-cause notice that manufacturing activities were undertaken in the branch offices