Punit Malik vs. ACIT, Circle 70(1), Delhi

Parties Involved

Facts Summary

The Assessing Officer passed a rectification order under section 154 read with section 143(1) of the Income-tax Act, 1961, noting that the returned income of the assessee was incorrectly accepted. The salary income of the assessee was determined at Rs. 67,19,671/-. The assessee appealed before the learned Commissioner of Income-tax (Appeals) [CIT(A)], who found that the rectification order was non-speaking and erroneous. The CIT(A) directed the Assessing Officer to pass a speaking order. The assessee is aggrieved by this direction, contending that once a scrutiny assessment order under section 143(3) was passed, the intimation under section 143(1) merged into it, and thus, there was no need for rectification.…

Legal Issues

• 1. Whether the delay in filing the appeal should be condoned.
• 2. Whether the direction of the CIT(A) to the Assessing Officer to pass a speaking order is valid.

Judgment Outcome

Decided in favour of Assessee.

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