https://www.taxtmi.com/caselaws?id=458917 An NCLT amalgamation order presented only for stamp-duty adjudication under Section 31 cannot be impounded under Section 33 merely because the 30-day stamping requirement under Section 17 has expired. Section 31 is a limited opinion-based process on chargeability and duty, while Section 33 applies in a different context and cannot be used to trigger Section 39 penalty without valid impounding. Section 32(3) is a disabling provision that does not authorise impounding. Section 40 applies only where its statutory conditions are shown, which was not established here. Penalty is discretionary and must rest on reasons and bona fide considerations; in the absence of valid impounding, it was unsustainable. en-us Wed, 20 Dec 2023 00:00:00 +0530 Wed, 20 Nov 2024 17:11:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458917 An NCLT amalgamation order presented only for stamp-duty adjudication under Section 31 cannot be impounded under Section 33 merely because the 30-day stamping requirement under Section 17 has expired. Section 31 is a limited opinion-based process on chargeability and duty, while Section 33 applies in a different context and cannot be used to trigger Section 39 penalty without valid impounding. Section 32(3) is a disabling provision that does not authorise impounding. Section 40 applies only where its statutory conditions are shown, which was not established here. Penalty is discretionary and must rest on reasons and bona fide considerations; in the absence of valid impounding, it was unsustainable. Case-Laws Companies Law Wed, 20 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458917