https://www.taxtmi.com/caselaws?id=440109 A writ petition challenging a reference to arbitration may be examined at the threshold where the objection is one of complete lack of jurisdiction. The Delhi High Court noted that fees for special audits under Section 142(2A) of the Income-tax Act are fixed within a statutory tax framework, not in a buyer-supplier commercial setting. Because such remuneration is governed by the specific scheme under the Income-tax Act, the MSMED Act does not apply and Section 24 cannot displace that mechanism. The MSEFC therefore had no jurisdiction to refer the fee disputes to arbitration, and any challenge to the fee determination must lie within the tax law framework. en-us Thu, 06 Jul 2023 00:00:00 +0530 Wed, 16 Aug 2023 11:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=440109 A writ petition challenging a reference to arbitration may be examined at the threshold where the objection is one of complete lack of jurisdiction. The Delhi High Court noted that fees for special audits under Section 142(2A) of the Income-tax Act are fixed within a statutory tax framework, not in a buyer-supplier commercial setting. Because such remuneration is governed by the specific scheme under the Income-tax Act, the MSMED Act does not apply and Section 24 cannot displace that mechanism. The MSEFC therefore had no jurisdiction to refer the fee disputes to arbitration, and any challenge to the fee determination must lie within the tax law framework. Case-Laws Income Tax Thu, 06 Jul 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=440109