SHRI VAIBHAV LAKHI, JAIPUR V. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CSISRCLE-3, JAIPUR

ITA 569/JPR/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8944 (ITAT-JAIPUR)
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 22-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VARINDER MEHTA DHK
• Keywords: Unexplained cash credit; Unexplained expenditure
• Section: 69C; 143(3); 153A

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCH A, JAIPUR JH JESK LH-'KEKZ] YS[KK LNL; ,OA JH FOT; IKY JKO] U;KF;D LNL; DS LE{K BEFORE : SHRI RAMESH C.SHARMA, AM & SHRI VIJAY PAL RAO, JM VK;DJ VIHY LA-@ ITA NO. 569, 570 & 571/JP/2019 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2014-15 TO 2016-17 SHRI VAIBHAV LAKHI 4-JA-14, JAWAHAR NAGAR JAIPUR CUKE VS. THE DCIT CENTRAL CIRCLE-3 JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: AFAPL 1481 K VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY :SHRI P.C. PARWAL, CA JKTLO DH VKSJ LS@ REVENUE BY : SHRI VARINDER MEHTA, CIT-DR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 04/07/2019 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 10 /07/2019 VKNS'K@ ORDER PER VIJAY PAL RAO, JM THESE THREE APPEALS OF THE ASSESSEE ARE DIRECTED A GAINST THE COMPOSITE ORDER OF THE LD. CIT(A)-4, JAIPUR DATED 4 -02-2019 FOR THE ASSESSMENT YEAR 2014-15 TO 2016-17 RESPECTIVELY. SI NCE THE COMMON ISSUES ARE RAISED IN THESE THREE APPEALS, THEREFORE , FOR THE SAKE OF ITA NO. 569/JP/2019 SHRI VAIBHAV LAKHI VS DCIT, CENTRAL CIRC LE-3, JAIPUR 2 CONVENIENCE, THESE THREE APPEALS WERE HEARD TOGETHE R AND ARE BEING DISPOSED OFF BY THIS COMPOSITE ORDER. 2.1 FOR THE ASSESSMENT YEAR 2014-15, THE ASSESSEE H AS RAISED FOLLOWING GROUNDS:- 1. THE LD. CIT(A) HAS ERRED ON FACTS AND IN LAW I N CONFIRMING THE ADDITION OF RS. 45,997/-U/S 68 OF TH E I.T. ACT, 1961 BY TREATING THE DEPOSIT IN THE HSBC BANK ACCOU NT, HONG KONG AS UNEXPLAINED CASH CREDIT WITHOUT GIVING ANY FINDING ON THIS GROUND. 2. THE LD. CIT(A) HAS ERRED ON FACTS AND IN LAW IN CONFIRMING THE ADDITION OF RS. 45,107/- U/S 69C OF I.T. ACT, 1961 ON ACCOUNT OF UNEXPLAINED EXPENDITURE INCURRED THROUGH CREDIT CARD OF BANK OF AMERICA BY NOT ACCE PTING THE CONTENTION OF ASSESSEE THAT PAYMENT OF THIS CARD WA S MADE BY HIS UNCLE SHRI SAILESH LAKHI WHO IS RESIDING IN USA . 3.1 GROUND NO. 1 IS REGARDING ADDITION OF RS. 45,99 7/- MADE BY THE AO U/S 68 OF THE ACT ON ACCOUNT OF DEPOSIT MADE I N HSBC BANK, HONG KONG AS AN UNEXPLAINED CASH CREDIT/ UNEXPLAINED INV ESTMENT. 3.2 THE ASSESSEE IS A PARTNER IN M/S. LAKHI GEMS AN D ALSO HANDLES THE MARKETING ACTIVITIES OF M/S. BIHARI LAL HOLARAM, PA RTNERSHIP FIRM. DURING THE COURSE OF ASSESSMENT PROCEEDING, THE AO NOTED T HAT THE ASSESSEE IS MAINTAINING A BANK ACCOUNT IN HSBC BANK, HONG KONG WHICH IS NOT DISCLOSED BY THE ASSESSEE . IN RESPONSE, THE ASSESS EE HAS EXPLAINED THAT HE ITA NO. 569/JP/2019 SHRI VAIBHAV LAKHI VS DCIT, CENTRAL CIRC LE-3, JAIPUR 3 IS LOOKING AFTER THE MARKETING ACTIVITIES OF M/S. B IHARI LAL HOLARAM, PARTNERSHIP FIRM AND M/S. LAKHI GEMS. IN CONNECTION WITH BUSINESS OF THESE TWO FIRMS, THE ASSESSEE USED TO VISIT OUTSIDE INDIA AND, THEREFORE, OPENED AN ACCOUNT IN HONG KONG TO MAKE SMALL PAYMEN TS LIKE TRAIN TICKET, TAXI CHARGES ETC. THE ASSESSEE FURTHER EXPL AINED THAT THIS ACCOUNT WAS OPENED ON BEHALF OF THESE FIRMS AND A SUM OF US D 700 WAS DEPOSITED. THE ASSESSEE EXPLAINED THAT THESE TWO FI RMS IN THE PETITION FILED BEFORE THE LD. SETTLEMENT COMMISSION HAVE OFFERED T HIS DEPOSIT IN BANK ACCOUNT TO TAX AS AN UNDISCLOSED INCOME. THE AO THO UGH ACCEPTED THE FACT THAT THESE FIRMS HAVE OFFERED THIS AMOUNT IN T HEIR PETITION TO THE LD. SETTLEMENT COMMISSION YET NO ORDER OR DECISION OF L D. SETTLEMENT COMMISSION WAS MADE TILL THE PASSING OF ASSESSMENT ORDER. ACCORDINGLY, THE AO MADE AN ADDITION OF THE SAID AMOUNT OF RS. 4 5,997/- ON ACCOUNT UNACCOUNTED CASH IN THE HANDS OF THE ASSESSEE. 3.3 THE ASSESSEE CHALLENGED THE ACTION OF THE AO BE FORE THE LD. CIT(A) BUT COULD NOT SUCCEED. 3.4 BEFORE US, THE LD.AR OF THE ASSESSEE SUBMITTED THAT THIS ACCOUNT WAS OPENED IN THE NAME OF THE ASSESSEE ON BEHALF OF THESE TWO FIRMS I.E. ITA NO. 569/JP/2019 SHRI VAIBHAV LAKHI VS DCIT, CENTRAL CIRC LE-3, JAIPUR 4 M/S. BIHARI LAL HOLARAM, PARTNERSHIP FIRM AND M/S. LAKHI GEMS. THEREFORE, THE AMOUNT OF USD 700 WAS DEPOSITED ON B EHALF OF THOSE FIRMS. THE LD.AR OF THE ASSESSEE ALSO REFERRED TO T HE SETTLEMENT PETITION U/S 245C OF THE ACT ON 31-10-2017 AS WELL AS THE OR DER OF THE LD. SETTLEMENT COMMISSION DATED 22-04-2019 AND SUBMITTE D THAT THE UNDISCLOSED INCOME OFFERED BY THESE FIRMS INCLUDING THIS AMOUNT HAS BEEN ACCEPTED BY THE LD. SETTLEMENT COMMISSION WHICH W OULD AMOUNT TO DOUBLE TAXATION ON THE SAME INCOME. HENCE, THE LD.A R OF THE ASSESSEE SUBMITTED THAT ONCE THE SAID AMOUNT BELONGED TO THE PARTNERSHIP FIRMS AND ALREADY OFFERED TO TAX BY THE FIRMS THEN THE SAME CANNOT BE ADDED IN THE HANDS OF THE ASSESSEE. 3.5 ON THE OTHER HAND THE LD. DR SUBMITTED THAT THE ORDER OF THE LD. SETTLEMENT COMMISSION IS PRIOR TO THE IMPUGNED ORDE R OF THE AO AS WELL AS THE LD. CIT(A). THEREFORE, UNTIL AND UNLESS IT W AS SETTLED BY ORDER OF THE LD. SETTLEMENT COMMISSION, THE AMOUNT DEPOSITED IN THE BANK ACCOUNT IN THE NAME OF THE ASSESSEE WAS RIGHTLY ADDED IN THE H ANDS OF THE ASSESSEE. 3.6 WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AS WEL L AS RELEVANT MATERIAL ON RECORD. AT THE OUTSET, WE NOTE THAT THE AMOUNT OF USD 700 ITA NO. 569/JP/2019 SHRI VAIBHAV LAKHI VS DCIT, CENTRAL CIRC LE-3, JAIPUR 5 WAS FOUND DEPOSITED IN HSBC BANK, HONG KONG. THE AO HAS DEALT WITH THIS ISSUE IN PARA 7.3 AND 7.4 OF THE ASSESSMENT OR DER AS UNDER:- 7.3 IN VIEW OF THE ABOVE FACTS AND DISCUSSION, IT IS CLEAR THAT THE HSBC ACCOUNT NO. 121-1386171-833 MAINTAINED BY THE ASSESSEE AT HONGKONG, PERTAINTS ONLY TO THE ASSESSEE AND NOT TO THE TWO BUSINESS FIRMS M/S. BIHARI LAL HOLARAM, PARTNERSHIP FIRM AND M/S. LAKHI GEMS AS ALLEGED. FURTHER, THE ASSESSEE HAS HIMSELF ADMIT TED THAT THE ACCOUNT AND ITS DEPOSITS ARE UNACCOUNTED. HENCE, THE DEPOSI TS OF USD 700 MADE DURING THE FY 2013-14 IN THIS BANK ACCOUNT ARE HELD TO BE UNACCOUNTED CASH CREDITS IN THE HANDS OF THE ASSESS EE IN TERMS OF SEC.68 OF THE I.T. ACT, 1961. AFTER APPLYING THE CO NVERSIONRATE @ RS.65.71 PER DOLLAR, THE UNACCOUNTED DEPOSITS AGGRE GATE TO RS. 45,997/- . HENCE, THE AMOUNT OF RS. 45,997/- IS HELD AS UNAC COUNTED CASH CREDIT IN THE HANDS OF THE ASSESSEE AND ADDED TO HIS TOTAL INCOME FOR THE YEAR UNDER CONSIDERATION. PENALTY PROCEEDINGS U/S 271(1) ( C) OF THE I.T. ACT ARE INITIATED FOR CONCEALMENT OF INCOME IN THE FORM OF UNACCOUNTED DEPOSITS IN THE HSBC, HONGKONG BANK ACCOUNT. ADDITION OF RS. 45,997/- 7.4 THE PARTNERSHIP FIRMS OF THE ASSESSEE M/S. BIHA RI LAL HOLARAM, PARTNERSHIP FIRM AND M/S. LAKHI GEMS HAVE FILED AN APPLICATION U/S 245C OF THE I.T. ACT BEFORE THE IN COME TAX SETTLEMENT COMMISSION FOR THE A.Y. 2010-11 TO A.Y. 2017-18. IN THEIR PETITION, THE UNACCOUNTED AMOUNT OF USD 700 HAS BEEN OFFERED FOR TAXATION BEFORE THE HON'BLE ITSC. HOWEVER, THE ADDITION IS B EING MADE HERE SINCE THE UNDISCLOSED BANK ACCOUNT IS IN THE NAME O F THE ASSESSEE. THIS ADDITION IS SUBJECT TO THE OUTCOME OF ITSC ORDER SI NCE THE SAME THING CANNOT BE TAXED TWICE. THUS IT IS CLEAR THAT THE AO HAS ALSO CONSIDERED TH IS FACT THAT THE ADDITION MADE IN THE HANDS OF THE ASSESSEE IS SUBJECT TO THE OUTCOME OF THE LD. SETTLEMENT COMMISSION ORDER SINCE THE SAME INCOME C ANNOT BE TAXED TWICE. NOW THE LD. SETTLEMENT COMMISSION VIDE ITS O RDER DATED 22-04- 2019 HAS ALREADY ACCEPTED THE SAID INCOME OFFERED B Y THESE TWO FIRMS. ITA NO. 569/JP/2019 SHRI VAIBHAV LAKHI VS DCIT, CENTRAL CIRC LE-3, JAIPUR 6 WE HAVE CAREFULLY PERUSED THE ORDER OF THE LD. SETT LEMENT COMMISSION WHEREIN THIS AMOUNT OF RS. 45,977/- WAS ALSO PART O F THE UNDISCLOSED INCOME OFFERED BY THESE TWO FIRMS FOR THE A.Y. 2014 -15. THE TOTAL UNDISCLOSED INCOME WAS OFFERED AT RS. 28,71,319/- W HICH WAS DIVIDED BETWEEN TWO FIRMS M/S. BIHARI LAL HOLARAM, PARTNERS HIP FIRM AND M/S. LAKHI GEMS. IN RATIO OF 95% : 5%. FINALLY, THE SA ID AMOUNT WAS ACCEPTED AS OFFER TO TAX BY THESE TWO FIRMS AS PER THE ORDER OF THE LD. SETTLEMENT COMMISSION. ONCE THIS AMOUNT OF RS. 45,9 77/- HAS ALREADY BEEN OFFERED FOR TAXATION IN THE HANDS OF THE TWO P ARTNERSHIP FIRMS AS PER THE ORDER OF THE LD. SETTLEMENT COMMISSION DATED 22 -04-2019 THEN THE ADDITION IN THE HANDS OF THE ASSESSEE IS NOT SUSTA INABLE. ACCORDINGLY, THE SAME IS DELETED. 4.1 THE GROUND NO. 2 IS REGARDING ADDITION ON ACCOU NT OF UNEXPLAINED EXPENDITURE INCURRED THROUGH CREDIT CARD OF BANK OF AMERICA. THIS GROUND IS COMMON IN ALL THREE ASSESSMENT YEARS. 4.2 DURING THE COURSE OF ASSESSMENT PROCEEDING, THE AO NOTED THAT THE ASSESSEE WAS HOLDING A CREDIT CARD OF BANK OF AMERI CA AND CERTAIN PAYMENTS HAVE BEEN MADE THROUGH THE CREDIT CARD. TH E ASSESSEE ITA NO. 569/JP/2019 SHRI VAIBHAV LAKHI VS DCIT, CENTRAL CIRC LE-3, JAIPUR 7 FURNISHED THE DETAILS OF PAYMENTS MADE THROUGH CRED IT CARD AND ALSO EXPLAINED THAT PAYMENT OF CREDIT CARD BILL HAS BEEN PAID BY HIS UNCLE SHRI SAILESH LAKHI WHO IS A RESIDENT IN USA. THE AO WAS NOT SATISFIED WITH THE EXPLANATION OF THE ASSESSEE AND HELD THAT THE A SSESSEE HAS INCURRED THE UNEXPLAINED EXPENDITURE THROUGH BANK OF AMERICA CRE DIT CARD FOR ALL THESE THREE YEARS AND ACCORDINGLY MADE THE ADDITION OF THE RESPECTIVE AMOUNTS AS UNDER:- A.Y. AMOUNT 2014-15 RS. 45,107/- 2015-16 RS. 3,09,003/- 2017-17 RS. 81,920 4.3 THE ASSESSEE CHALLENGED THE ACTION OF THE AO BE FORE THE LD. CIT(A) BUT COULD NOT SUCCEED. 4.4 BEFORE US, THE LD.AR OF THE ASSESSEE SUBMITTED SMALL PAYMENTS WERE MADE THROUGH CREDIT CARD BY THE ASSESSEE DUR ING HIS VISIT TO USA. THE CREDIT CARD BILL WAS PAID BY HIS UNCLE SHRI SHA ILESH LAKHI, R/O USA AS THE BILLING WAS ALSO MADE AT THE ADDRESS OF SH RI SHAILESH LAKHI IN USA. THE LD.AR HAS ALSO REFERRED TO THE CONFIRMATIO NS OF SHRI SAHILESH LAKHI REGARDING PAYMENT OF THE CREDIT CARD BILL. TH US THE LD.AR HAS SUBMITTED THAT THE AO HAS NOT CONTROVERTED THE CONF IRMATION AS WELL AS ITA NO. 569/JP/2019 SHRI VAIBHAV LAKHI VS DCIT, CENTRAL CIRC LE-3, JAIPUR 8 THE SOURCE OF PAYMENT OF THE CREDIT CARD AS EXPLAIN ED BY THE ASSESSEE. HOWEVER, THE AO HAS MADE ADDITION ONLY ON ASSUMPTIO N THAT THE ASSESSEE MUST HAVE INCURRED EXPENDITURE ON VISIT OF HIS UNCL E TO INDIA AND THEREBY IT IS A HAWALA TRANSACTION. THE LD.AR OF THE ASSESS EE SUBMITTED THAT THERE IS NO BASIS OF SUCH ASSUMPTION BY THE AO AND EXPRES SING THE VIEW THAT IT IS A HAWALA TRANSACTION. THE LD.AR OF THE ASSESSEE HAS ALSO CONTENDED THAT WHEN THE SOURCE OF PAYMENT OF THE CREDIT CARD HAS B EEN EXPLAINED BY THE ASSESSEE THEN IT CANNOT BE TREATED AS UNEXPLAINED E XPENDITURE. 4.5 ON THE OTHER HAND, THE LD. DR HAS SUBMITTED THA T ASSESSEE HAS NOT DISCLOSED THE TRANSACTIONS CARRIED OUT THROUGH CRED IT CARD. WHEN THE AO ASKED THE ASSESSEE ABOUT THE CREDIT CARD PAYMENTS T HEN THE ASSESSEE EXPLAINED THAT THE PAYMENTS OF THE CREDIT CARD BIL L HAS BEEN MADE BY HIS UNCLE. THE LD. DR RELIED ON THE ORDERS OF THE AUTHO RITIES BELOW. 4.6 WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AS WEL L AS RELEVANT MATERIAL ON RECORD. THE ASSESSEE IN HIS REPLY BEFOR E THE AO HAS EXPLAINED THE SOURCE OF PAYMENT OF CREDIT CARD BILL FOR ALL THE THREE YEARS AS SUCH PAYMENTS WERE MADE BY HIS UNCLE SHRI SHAILESH LAKHI , RESIDENT OF USA. THE ASSESSEE ALSO FILED THE CONFIRMATION OF HIS UNC LE SHRI SHAILESH LAKHI ITA NO. 569/JP/2019 SHRI VAIBHAV LAKHI VS DCIT, CENTRAL CIRC LE-3, JAIPUR 9 REGARDING THE PAYMENT OF THE CREDIT CARD BILL OF TH E ASSESSEE. THESE FACTS WERE NOT DISPUTED BY THE AO IN HIS FOLLOWING FINDIN GS IN PARA 7.2. AND 8 OF HIS ORDER FOR THE ASSESSMENT YEAR 2015-16. 7.2 THE REPLY OF THE ASSESSEE HAS BEEN CONSIDERED BUT NOT FOUND ACCEPTABLE. THIS IS BECAUSE THE CREDIT STANDS INTE NAME OF ASSESSEE. FURTHER, VARIOUS EXPENSES THROUGH THE CAR D HAVE ADMITTEDLY BEEN MADE BY THE ASSESSEE. AS SUCH, THE ASSESSEE WA S REQUIRED TO DISCLOSE SUCH EXPENDITURE AS WELL AS THE CREDIT CAR D THROUGH WHICH SUCH EXPENDITURE WAS MADE IN HIS BOOKS. MOREOVER, IT IS ALSO A CASE WHERE UNACCOUNTED EXPENDITURE HAS BEEN INCURRED BY THE AS SESSEE ABROAD WHEREAS THE PAYMENT OF THIS UNACCOUNTED EXPENDITURE HAS BEEN MADE BY SOME OTHER PERSON, IN THIS CASE, BY HIS RELATIVE STAYING ABROAD. AS PER THE CONFIRMATION OF SH.SAILESH LAKHI, THIS C REDIT CARD WAS USED TO MAKE MINOR PAYMENT FOR HIS NEPHEW OR OT HER RELATIVES VISITING TO USA. THIS SHOWS THAT THE ASSESSEE IN TU RN HAS BEEN INCURRING EXPENDITURE OF HIS UNCLE DURING VISIT OF SH. SAILES H LAKHI TO INDIA AND WAS INDULGED IN ONE SORT OF HAWALA TRANSACTION. THUS FROM THE ABOVE FACT, IT IS CLEAR THAT THE ASSE SSEE HAS INCURRED UNACCOUNTED EXPENDITURE THROUGH THE BANK O F AMERICA AND THE CONFIRMATION FILED BY SH. SAILESH LAKHI. HENCE, THE UNDISCLOSED EXPENDITURE OF RS. 3,09,003/- INCURRED BY THE ASSES SEE THROUGH THE CREDIT CARD DURING THE F.Y. 2014-15 IS HELD AS HIS UNACCOUNTED EXPENDITURE IN TERMS OF SEC. 69C OF THE I.T. ACT, 1 961 AND ADDED TO THE INCOME OF THE ASSESSEE FOR THE A.Y. 2015016. PENALT Y PROCEEDINGS U/S 271(1) ARE INITIATED FOR CONCEALMENT OF INCOME BY NOT DISCLOSING THE EXPENDITURE MADE THROUGH THE BANK OF AMERICA CREDIT CARD. ADDITION OF RS. 3,09,003/- 8. SUBJECT TO THESE REMARKS THE INCOME OF THE ASSES SEE IS COMPUTED AS UNDER:- (I) INCOME AS PER RETURN FILED U/S 153A RS. 6,30,550/- (II) ADD:- AS PER PARA 7.2 ABOVE RS. 3,09,003/- TOTAL INCOME RS. 9,39,553/- R/O RS. 9,39,550/- ITA NO. 569/JP/2019 SHRI VAIBHAV LAKHI VS DCIT, CENTRAL CIRC LE-3, JAIPUR 10 ASSESSED U/S 143(3) R.W.S. 153A AT RS. 9,39,550/- INTEREST U/S 234A, 234B, 234C AND 234D IS / ARE CHA RGED FOR LATE FILING OF RETURN AND DEFAULT IN MAKING ADVANCE TAX PAYMENT , IF APPLICABLE. THUS THE EXPENDITURE INCURRED BY THE ASSESSEE THROU GH CREDIT CARD ITSELF IS NOT AN UNEXPLAINED EXPENDITURE BUT ONLY THE PAYMENT OF CREDIT CARD BILL CAN BE CONSIDERED AS UNEXPLAINED EXPENDITURE. ONCE THE ASSESSEE HAS PRODUCED ALL THE DETAILS AND CONFIRMATIONS REGARDIN G PAYMENT OF CREDIT CARD BILL WHICH HAS NOT BEEN CONTROVERED BY THE AO THEN SAID PAYMENT OF CREDIT CARD BILL MADE BY THE UNCLE OF THE ASSESSEE, R/O USA, CANNOT BE HELD AS UNEXPLAINED EXPENDITURE OF THE ASSESSEE. TH E ASSESSEE HAS ESTABLISHED THE SOURCE OF PAYMENT AND IF THERE IS A VIOLATION OR FINANCIAL IRREGULARITY IN THE PAYMENT OF CREDIT CARD BILL BY THE ASSESSEES UNCLE THEN THE SAME CANNOT TREATED AS UNEXPLAINED EXPEND ITURE IN THE HANDS OF THE ASSESSEE. HENCE, THE ADDITION MADE BY THE AO ON THIS ACCOUNT FOR ALL THE THREE ASSESSMENT YEARS IS NOT SUSTAINABLE WHEN THE SOURCE OF PAYMENT IS NOT IN DISPUTE. ACCORDINGLY, WE DELETE THE ADDIT ION MADE BY THE AO ON ACCOUNT OF CREDIT CARD EXPENDITURE. ITA NO. 569/JP/2019 SHRI VAIBHAV LAKHI VS DCIT, CENTRAL CIRC LE-3, JAIPUR 11 5.0 IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 /07/201 9. SD/- SD/- JESK LH 'KEKZ FOT; IKY JKO (RAMESH C. SHARMA) (VIJAY PAL RAO) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 10 /07/ 2019 *MISHRA VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SHRI VAIBHAV LAKHI, JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- THE DCIT, CENTRAL CIRCLE-3, JAIPU R 3. VK;DJ VK;QDRVIHY ) @ CIT(A), 4. VK;DJ VK;QDR@ CIT, 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO.569 TO 571/JP/2019) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR