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2022 (4) TMI 1631

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..... at the ITAT has also erred in relying upon the judgment of this Court in Sony Ericsson Mobile Communication [ 2015 (3) TMI 580 - DELHI HIGH COURT] and the order passed in PCIT vs. Toshiba India Pvt. Ltd [ 2019 (1) TMI 796 - ITAT DELHI] as the Department has not accepted the decision passed in Sony Ericsson and Toshiba India and has preferred appeals against the said decisions. Though the judgement .....

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..... ation, delay in filing the present appeal is condoned and the appeal is taken on record. Accordingly, the application stands disposed of. ITA No.78/2022 Present appeal has been filed challenging the order dated 10 th January, 2019 passed by Income Tax Appellate Tribunal (hereinafter referred to as the ITAT) in ITA 7547/Del./2018 for the assessment year 2014-15. Learned counsel for the appellant su .....

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..... this Court have been challenged and pending adjudication before the Supreme Court, yet there is no stay of the said judgments. Consequently, in view of the judgments of the Supreme Court in Kunhayammed and Ors. vs. State of Kerala and Anr., (2000) 6 SCC 359 and Shree Chamundi Mopeds Ltd. vs. Church of South India Trust Association CSI Cinod Secretariat, Madras, (1992) 3 SCC 1 , the present appeal .....

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