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What is a proviso?

A proviso defeats the operation or conditionality of a ‘rule’ (section/sub-section/clause/sub-clause etc.) below which it is placed.
The subject matter of ‘rule’ and the proviso thereof should relate to each other. Let us say rule relates to ‘fruit’ then the proviso should also relate to ‘fruit’. Say the rule is, ‘In breakfast one should eat sufficient fruits’ the proviso than may be, ‘Provided that more than one banana should not be eaten’ but it cannot be, ‘Provided that more than one piece of bread should not be eaten’. Here ‘banana’ is related with ‘fruit’, whereas ‘bread’ is not. In the above example if the rule is modified as, ‘In breakfast one should eat sufficient food’ then both the provisos are possible as both ‘banana’ and ‘bread’ relate to food. Keeping the above example in mind please read second proviso to section 44AB and see the meaning of ‘such person’ used twice in the second proviso. Therefore a company having turnover less than one crore rupees is not required to audit under section 44AB though it may be required to audit under the Companies Act.

Jitendra Kumar Verma on January 04 2015 15:41:56

Nice analysis..
ab act padhna aasan hone ja raha h
Thank u sir..
Pls keep posting..

Sridhar P S on January 04 2015 16:07:42

Thanks for helping us read the Act properly. Problems arise many times because we don't read and understand the Act properly. Thanks, Sir.

ITKP on January 04 2015 22:13:22

Very nicely expressed sir.

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