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2010 (10) TMI 340 - AT - Central ExciseWhether the goods lying with the transporter which were yet to be received in the factory can be considered as goods lying in stock - Rule 9A of the Cenvat Credit Rules - Circular No. B3/3/2003-TRU, dated 28th March 2003 issued by the Board co - referring to the Board Circular, it would be clear that even those goods which are stored at the place other than the registered place would also include to be goods in stock - the address of the said premises or where such goods are kept, must be declared by the assessee in the stock declaration. - the appellants were not able to disclose exact address of storage of the goods as they were in possession of the transporter - Demand upheld. As regards the issue relating to penalty, it was sought to be contended that the declarations were filed as to how the goods were sought to be procured by the appellants - the goods were yet to be received were claimed to be in stock with the appellants with the sole intention to avail the credit arising out of the duty paid on such goods, it would obviously disclose that the appellants were attempting to avail credit unlawfully - The provisions of law in relation to the matter in issue were very clear and there was no scope for any mis- understanding in that regard - Accordingly the appeals are dismissed
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