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        Case ID :
        Companies Law

        Stamp duty on an order approving a scheme of amalgamation must...

        Stamp-duty valuation of amalgamated shares requires current, relevant material; disputed demands may be remanded for fresh adjudication.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Stamp duty on an order approving a scheme of amalgamation must be determined by treating that order as the instrument of levy. Reliance on a share valuation predating the order is not justified solely because the amalgamation order does not specify valuation. However, where neither side adequately establishes the relevant value at the time of scheme submission or order, strict construction of fiscal law requires fresh adjudication based on relevant valuation material and the taxpayer's written response. The stamp-duty demand was set aside, with the matter remanded for fresh adjudication after personal hearing; the interim deposit was to continue pending that determination.
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