TMI Blog2013 (12) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... been filed by the assessee, which is arising out of the order dated 12-6-2013, passed in ITA No.1811/M/2012. 2. In the revised miscellaneous application filed on 3-12-2013, the assessee has sought to raise the following points, which according to the assessee is a mistake apparent from record, which needs to be rectified under Section 254 (2) :- The above appeal was disposed of by the Tribunal by its order dated 12/06/2013. The Appellant above named beg to present this application for considering the stand taken by the appellant during the said tribunal hearing and there by rectification of certain points ignored and which are apparent from record in the said order. 1. In its order, Hon'ble ITAT court has observed that 'the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 102 of submission dt 18/07/2012 5. In its order, Hon'ble ITAT court has observed that 10 handsets coming in one packet and these packets are distributed - pg 21 point 'g'. Invoice shows pieces/handsets unit. Footnote shows cartoon package (box/packet). That is for 150 pes, there are 15 cartoons transferred.- pg 54 of submission dt 18/04/2013. 6. In its order, Hon'ble ITAT court has observed that reimbursements are actually discount. - Point no.14 on page no. 13. The appellant has actually paid on purchase of goods. Subsequently, on satisfaction of conditions with principal, it actually received amounts. There was never a journal entry nor a book entry nor a understanding to reduce cost of (goods. - page 59 and page 34 of submission dt 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the main business activities of the assessee was to import mobile handsets and to distribute the same in the Indian market. The assessee s case has been that under sales promotion scheme, the assessee has distributed 3,400 numbers of gold coins of 20 gms. each, which were inserted in the handset of the mobile phones. For this purpose, gold bars of 68 kgs. were purchased from Mumbai and were sent to Opal Industries, Pune for converting the same into gold coins of 20 gms each. The AO after a detail enquiry and examination of the records as discussed in the assessment order, came to the conclusion that such a claim of expenditure of the assessee, is bogus. In the course of the First Appellate proceedings, again enquiries were conducted by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut of arguments, the Tribunal has given a very detail finding not only on each and every piece of evidence but also on the various contention raised by the parties. This has been analyzed from para 11 onwards from pages 10 to 24. In para 16, pointwise finding and conclusion have been given on every aspect of the material placed on record and thereafter a definite conclusion has been arrived at. 4. In point No.1, the assessee had contended that M/s Opal Industries was also a dealer in jewellery and precious metals, besides being well known watch manufacturing company. In this regard, the Tribunal after appraising the facts and material on record, has held that, firstly, the owner of M/s Opal Industries, Pune, has denied such transaction at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovement of gold bars and receiving of gold coins from Mumbai to Pune and Pune to Mumbai within a short span, has been dealt by the Tribunal in points No.c,d f of para 16. Such a conclusion of the Tribunal is based on the enquiry conducted by the AO and the material placed on record by the assessee itself. It has not been pointed by the learned counsel as to how it will make any difference on the conclusion arrived at by the Tribunal. The Tribunal has recorded a concurrent finding of fact. Beside that the Tribunal has noted the sequence of events, for instance, first consignment of gold coins, which were for 950 pieces, totaling 19 kgs., how it was carried on 14-6-2005, when the sale invoice itself shows the purchase of bars on 16-6-2005; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the outcome of the conclusion drawn by the Tribunal. Hence, this point is also dismissed. 9. In point No.6, the assessee has stated that it has actually paid the sum on the purchase of goods and it was under satisfaction of the conditions with its principals, that it has received the amount. The Tribunal has demonstrated that whatever the amount has been received by the principal was in the form of marketing budget of US$ 5 per handset, which was nothing but fixed advertisement budget and there is no correlation with reference to the particular scheme of the assessee of being reimbursement of the cost of the gold coins, aggregating Rs.4,77,58,412/-. 10. In point No.7, the assessee has stated various points which was based on the affidav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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