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2019 (12) TMI 1653 - DELHI HIGH COURTFee payable to CA for Special Audits directed u/s 142(2A) - Nomination of the Special Auditor by the IT Department - Validity of order passed by the Micro and Small Enterprises Facilitation Council, New Delhi ( ‘MSME Council) whereby the matter has been referred to arbitration before the Delhi International Arbitration Centre (DIAC) - HELD THAT:- Respondent no. 1 submits that the jurisdiction of the MSME Council is de hors the provisions of the Income Tax Act as relied upon Section 24 of the MSMED Act, 2006 to argue that the provisions in Sections 15 to 23 shall have effect notwithstanding the provisions of the Income Tax Act. He also refers to the decision of M/s Bharat Heavy Electricals Ltd vs. Micro and Small Enterprises & Anr[2019 (2) TMI 2082 - DELHI HIGH COURT] This issue would require consideration. Once Respondent no. 2 has been paid its statutory audit fees, in terms of the orders passed by this Court, the jurisdiction of MSME Council could not have been invoked. Till the next date of hearing, the order dated 19.09.2019 and the proceedings emanating therefrom shall remain stayed. List on 21st April, 2020.
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