https://www.taxtmi.com/caselaws?id=108779 An order sanctioning a reconstruction or amalgamation scheme under sections 391 and 394 of the Companies Act, 1956, is treated as an instrument and conveyance for stamp duty purposes in West Bengal because it operates to transfer assets and liabilities under the court-approved scheme. The reasoning is that the transfer has the trappings of a sale, with consideration reflected through share allotment and valuation-based exchange ratio. The absence of a specific schedule entry does not exclude stampability. The 16 January 1937 remission notification applies where its conditions are met, and the order cannot be acted upon unless duly stamped, subject to that remission. en-us Thu, 08 Aug 2002 00:00:00 +0530 Tue, 03 Apr 2012 18:13:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=108779 An order sanctioning a reconstruction or amalgamation scheme under sections 391 and 394 of the Companies Act, 1956, is treated as an instrument and conveyance for stamp duty purposes in West Bengal because it operates to transfer assets and liabilities under the court-approved scheme. The reasoning is that the transfer has the trappings of a sale, with consideration reflected through share allotment and valuation-based exchange ratio. The absence of a specific schedule entry does not exclude stampability. The 16 January 1937 remission notification applies where its conditions are met, and the order cannot be acted upon unless duly stamped, subject to that remission. Case-Laws Companies Law Thu, 08 Aug 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=108779