https://www.taxtmi.com/caselaws?id=326368 In an amalgamation under Sections 391 and 394 of the Companies Act, 1956, the court order sanctioning the scheme is the operative instrument that effects transfer of property and liabilities, so it is the document chargeable to stamp duty under the Bombay Stamp Act, 1958. The scheme itself is not the charging instrument. Duty is attracted on execution of the sanctioning order in Maharashtra, and Section 19 rebate is unavailable because the order was not executed outside the State and later received there. Accordingly, no credit was admissible for duty paid in another State. en-us Thu, 31 Mar 2016 00:00:00 +0530 Thu, 14 Apr 2016 09:57:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=326368 In an amalgamation under Sections 391 and 394 of the Companies Act, 1956, the court order sanctioning the scheme is the operative instrument that effects transfer of property and liabilities, so it is the document chargeable to stamp duty under the Bombay Stamp Act, 1958. The scheme itself is not the charging instrument. Duty is attracted on execution of the sanctioning order in Maharashtra, and Section 19 rebate is unavailable because the order was not executed outside the State and later received there. Accordingly, no credit was admissible for duty paid in another State. Case-Laws Companies Law Thu, 31 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=326368