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Income Tax - Highlights / Catch Notes

Home Highlights January 2023 Year 2023 This

Constitutional validity of the the proviso to Clause (26AAA) - A ...


Supreme Court reviews Clause (26AAA) proviso of Income Tax Act for potential discrimination against married Sikkimese women.

January 15, 2023

Case Laws     Income Tax     SC

Constitutional validity of the the proviso to Clause (26AAA) - A proviso cannot over arch a provision. - But in the instant case, the proviso is overriding the provision as well as the Explanation in respect of those categories of married Sikkimese women referred to in the proviso which is impermissible. Thus, the proviso is inherently arbitrary and discriminatory against a particular category of Sikkimese women. - SC

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