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Indian Laws - Highlights / Catch Notes

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Levy of stamp duty on schemes of amalgamation or restructuring - ...


Court Orders on Amalgamation and Restructuring Subject to Stamp Duty; New Calculation Method Partially Invalidated.

March 21, 2024

Case Laws     Indian Laws     HC

Levy of stamp duty on schemes of amalgamation or restructuring - The High court found that orders of the court sanctioning amalgamation/restructuring, along with the schemes appended to them, are instruments of conveyance under the existing legal framework, thus liable for stamp duty. - The court upheld the circular clarifying the levy of stamp duty on amalgamation schemes but partially invalidated a government order that introduced a new mode of computation for stamp duty based on share value, stating it required legislative action. - The court affirmed the validity of the retrospective application of reduced stamp duty rates, provided by a government order, as beneficial and within the state's power.

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