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Commissioner Of Income-Tax, Madhya ... vs Nandlal Bhandari & Sons (Private) Ltd. on 13 March, 1962

Again in Commissioner of Income-Tax v. Nandlal Bhandari & Sons(2) it was observed that 'though ordinarily a proviso restricts rather than enlarges the meaning of the provisional to which it is appended, at times the legislature embodies a substantive provision in a proviso. The question whether a proviso is by way of an exception or a condition to the substantive provision, or whether it is in itself a substantive provision, must be determined on the substance of the proviso and not its form.". (1) L. R. [1909] A.C. 253.
Madhya Pradesh High Court Cites 9 - Cited by 19 - Full Document
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