Hiren Jaswantrai Shah, Bhavnagar vs Department Of Income Tax
11. Our view that notification dated 25.1.2006 would be effective from
1.4.2005 i.e. it would be applicable to entire Asst. Year 2006-07 is also
10
ITA No.3361/Ahd/2009
Asst. Year 2006-07
supported by a recent decision of ITAT, Mumbai in ACIT vs. Parimal D.
Nathwani (2011) 9 taxmann.com 284 (Mum-ITAT) pronounced on
January 21,2011 wherein following decision of the ITAT Delhi Bench in
the case of G.K. Anand Bros.Buildwell (P) Ltd. vs. ITO (2009) 34 SOT
439 (Delhi) held that notification dated 24.1.2006 is only a subordinate
legislation and cannot over ride the principal legislation enacted by the
Parliament. ITAT Mumbai Bench in that case held as under:-