https://www.taxtmi.com/caselaws?id=108347 A court-sanctioned amalgamation under sections 391 to 394 of the Companies Act, 1956 transfers property and liabilities by operation of the sanction order itself, without any further act or deed. For stamp duty purposes, such an order falls within the wide definition of an "instrument" under the Bombay Stamp Act, 1958, and the reference to section 394 orders only clarifies that position. Stamp duty is levied on the instrument, not on the transfer of property as such, and the State Legislature has constitutional competence to impose and rate that duty under the relevant entries in the Seventh Schedule. No repugnancy with the Companies Act is made out. en-us Tue, 18 Nov 2003 00:00:00 +0530 Mon, 02 Dec 2013 15:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=108347 A court-sanctioned amalgamation under sections 391 to 394 of the Companies Act, 1956 transfers property and liabilities by operation of the sanction order itself, without any further act or deed. For stamp duty purposes, such an order falls within the wide definition of an "instrument" under the Bombay Stamp Act, 1958, and the reference to section 394 orders only clarifies that position. Stamp duty is levied on the instrument, not on the transfer of property as such, and the State Legislature has constitutional competence to impose and rate that duty under the relevant entries in the Seventh Schedule. No repugnancy with the Companies Act is made out. Case-Laws Companies Law Tue, 18 Nov 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=108347