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TMI Blog2015 (12) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... the State's power under section 9 and invoke the same specifically so as to claim remission or compounding of the proper stamp duty on the instrument in question. If such an application is made to the Government and addressed to the Principal Secretary, Revenue Department, Government of Maharashtra, the same shall be duly considered on its own merits and in accordance with law and a decision taken thereon. Such a decision shall be taken and duly communicated to the Petitioners within a period of three months from the date of receipt of such application. Once the Authorities have agreed in the aforesaid terms, then we need not decide any wider question or controversy. We keep the same open to be gone into in an appropriate case or sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue Ministry, Mantralaya, Mumbai 400 020. 3. The Respondent Nos.1 and 2 are exercising powers under the Indian Companies Act 1956 as amended from time to time whereas the Respondent No.3 exercises powers under the Maharashtra Stamp Act 1958 and particularly section 9 thereof. 4. The two prayers in the Petition concern two different authorities. As far as the Registrar of Companies and the Ministry of Corporate Affairs, Government of India is concerned, there is certain concession or waiver claimed and of registration fees. 5. As far as that issue is concerned, Mr Anil Singh, learned Additional Solicitor General appearing on behalf of the Respondent Nos.1 and 2 states that in pursuance of the proceedings before the BIFR certain o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r increased share capital as the case may be subject to a maximum of ₹ 50,00,000/-. 8. Our attention is invited to section 9 of the Maharashtra Stamp Act 1958 and which reads thus : 9. Power to reduce, remit or compound duties :The State Government, (if satisfied that it is necessary to do so in the public interest) may, by rule or order published in the Official Gazette (a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of the State the duties with which any instruments or any particular class of instruments or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of person, or by or in favour of any members of such class, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. 11. If such an application is made to the Government and addressed to the Principal Secretary, Revenue Department, Government of Maharashtra, the same shall be duly considered on its own merits and in accordance with law and a decision taken thereon. Such a decision shall be taken and duly communicated to the Petitioners within a period of three months from the date of receipt of such application. 12. Once the Authorities have agreed in the aforesaid terms, then we need not decide any wider question or controversy. We keep the same open to be gone into in an appropriate case or state. We dispose off the Petition by accepting the statement of the learned Additional Solicitor General and in terms of the directions issued to the Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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