TPO bound by decision of Jurisdictional HC if same has not been suspended or stayed

Ikea Services India Pvt. Ltd. Vs ACIT (ITAT Delhi)

The TPO has not accepted the decision of the Hon’ble Jurisdictional High Court of Delhi in the case of Li & Fund [supra] solely on the ground that an appeal has been recommended before the Hon’ble Apex Court. In our considered view, when the operation of the decision of the Hon’ble Jurisdictional High Court has not been suspended or stayed, it was mandatory upon the TPO to follow the binding decision of the Hon’ble Jurisdictional High Court.

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