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    <title>2023 (2) TMI 1447 - GUJARAT HIGH COURT (LB)</title>
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    <description>Section 31 adjudication of stamp duty does not authorise impounding under Section 33 at that stage, and the Collector&#039;s use of impounding power was rejected. For non-listed companies under Article 20(d), market value is fixed by the deeming rule at face value, so share premium cannot be added by implication. A revised notice correcting the demand before final adjudication was upheld, but penalty was unsustainable on the facts. A single composite amalgamation scheme was not split into separate matters for Section 5. Duty already paid in another State attracted statutory set-off under Section 19. On immovable property, the demand was sustained for land, building, and plant and machinery, but not for capital work in progress.</description>
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    <pubDate>Fri, 10 Feb 2023 00:00:00 +0530</pubDate>
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      <description>Section 31 adjudication of stamp duty does not authorise impounding under Section 33 at that stage, and the Collector&#039;s use of impounding power was rejected. For non-listed companies under Article 20(d), market value is fixed by the deeming rule at face value, so share premium cannot be added by implication. A revised notice correcting the demand before final adjudication was upheld, but penalty was unsustainable on the facts. A single composite amalgamation scheme was not split into separate matters for Section 5. Duty already paid in another State attracted statutory set-off under Section 19. On immovable property, the demand was sustained for land, building, and plant and machinery, but not for capital work in progress.</description>
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