Law: Income Tax Ordinance, 1979

Section: 134

(a) Interpretation of statutes--- ---- Proviso to a section---Function. Proper function of a proviso is merely to limit the scope of the provision to which it is a proviso but not to abrogate it completely. Proviso may limit and severely limit the application of an enactment to which it is a proviso but it could only be held in the most exceptional circumstances that, the proviso nullifies the enactment. A proviso should not be interpreted so as to have a greater effect than strict construction of the proviso rendered it necessary. Ordinarily, the proviso is something subordinate to the main clause, and generally what is contained in the proviso is not to be imported by implication into the clause. If the language in the enacting part of the statute does not contain the provisions which are said to occur in it, one cannot derive these provisions by implication from a proviso. Madras and Southern Maharatta Railway Co. Ltd. v. Bezwada Municipality AIR 1944 PC 71; Dyad Singh v. Kenyan Insurance Ltd. PLD 1955 PC 4; Life Insurance Corporation of India v. United Commercial Bank, Karachi and 2 others PLD 1962 (WP) Kar. 837 and West Derby Union v. Metropolitan Life Assurance Society 1897 AC 647 ref. (b) Wealth Tax Rules, 1963---R.8(3), first proviso [as inserted by S.R.0.293(1)/71, dated 29-7-1991]--­Value of lands and buildings, how to be determined---Principles---Assessing Officer has to seek the approval of Central Board of Revenue where the value of the property is determined at a sum higher than ten times of the gross annual rental value. A plain reading of sub-clause (3) of rule 8 of Wealth Tax Rules, 1963 makes it abundantly clear that primarily the value of lands and buildings (excluding agricultural land) shall be estimated with due regard to the nature and size of the property, the amenities available and the price prevailing for similar property in the same locality or in the neighbourhood of the same locality. The proviso to rule 8 only provides that the assessing officer shall not determine the value of any property at a sum higher than ten times of the gross annual rental value of such property without prior approval of the Central Board of Revenue. It…

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