Order u/s 201(1)

[Pramod Agarwal]

In view of recent amendment in Sec 201(1) w.e.f.01.07.2012, assesse can not be held as assesse in default if he submit the declaration in prescribed format duly certified by chartered accountant furnishing the details of the return filed , etc etc.

Can AO pass an order u/s 201(1) without allowing the opportunity to the assesse for submitting the certificate as per amendment which in any circumstance is possible only after 31st July, 30 Sep, 31st Oct, 2013.

Such order u/s 201(1) passed even before the end of the Previous Year i.e. Mar-13 is valid.

[CAGOPALJI AGRAWAL]

In view of the principle of Natural Justice, the AO has to give the opportunity before passing any such order. 

AI Summary

Protection from assessment default requires giving opportunity to submit CA certified declaration before passing a section 201(1) order. The assessing officer should not record an assessee as an assessee in default under the amended regime if the assesse can furnish a prescribed declaration certified by a chartered accountant; principles of natural justice require affording the assesse an opportunity to submit that CA certified declaration before passing an order under section 201(1).