Articles Hierarchy
"
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.

11
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..

9
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.

1
ITKP on January 04 2015 22:13:22

Very nicely expressed sir.

Post Comment
Please Login to Post a Comment.
Latest Comments
» Great, Dada u have special quality to see and explain about statutes. I am sure None of us knowing it with such details. Thanks.
» Very well written , keeping it simple yet highly informative. Thank You Sir...
» Dada has brought out the intricate details in such a lucid manner that interest of the reader to go further into the subject increases. Thank you Dada
» Dada ...a truly valuable article..thanks
» Dada aapko shat shat naman hai. Aapka varad hast hum par rahe aur asha hai aapke gyan bhandar sagar se hamko aise aur bhi lekh milte rahenge jisse ...
» Thanks Sir, Got new vision of rules how to interpret law.
» Great Dada. So lucid and to the point. It gives so much more clarity, especially to those who are working as assessing officers. One of the most ch...
» A great article indeed. Thanks a lot Dada.
» Dada, Minute details are also discussed in this article. Lot of thanks Dada. Mohan
» A very comprehensive information and clarification on very important issue. Thank you very much Sir
» Dada really great article
» Great article Sir. Very helpful.
» Thanks Dada fir adding to our knowledge.A great article indeed
» Dada we have got another valuable article from your treasure of knowledge. We shall always be indebted to you.
» A person sold a land (Long Term Capital Asset) during F.Y. 2014-15 and purchased another land (Plot A) to build a residential house, complete sales...
» Whether investment in a plot will amount to investment in construction for the purpose of section 54F when no construction has been made
» I am speechless. Such a wonderful narration of the real plight of an assessing officer. Hats off to you sir.
» Dada, your explanation style is just superb and the topic choosen are also untouched by us. Sometimes we wonder why we did not see the things so de...
» Very informative and in depth knowledge given in this article at same time very concise. Dada's presentation is unparallel.
» Avinash sir Very nice information provided in this article. You are requested to provide the froms if available so that we can record the state...