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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHARMILA U.DESHMUKH
Schaeffler India Ltd. – Appellant
Versus
Chief Controlling Revenue Authority, Pune – Respondent
| Table of Content |
|---|
| 1. court recalls prior judgment for rehearing (Para 1 , 2 , 3) |
| 2. composite scheme sanctioned by nclt mumbai, chennai; duty adjudicated (Para 4 , 5 , 6) |
| 3. duty on nclt order instrument, not transactions; precedents cited (Para 7 , 8) |
| 4. two distinct mergers; rebuttal on jurisdiction (Para 9 , 10 , 11) |
| 5. section 5 applicability to nclt amalgamation orders (Para 12 , 13) |
| 6. impugned orders flawed; single composite scheme (Para 14 , 15 , 16 , 17) |
| 7. reliance case: duty on instruments, ignores transactions (Para 18 , 19 , 20 , 21 , 22) |
| 8. section 5 inapplicable to sanction orders (Para 23 , 24) |
| 9. ambuja: no segregation of composite schemes (Para 25 , 26 , 27) |
| 10. no jurisdiction over chennai order (Para 28) |
| 11. quash orders; refund excess duty (Para 29 , 30 , 31 , 32) |
JUDGMENT :
SHARMILA U. DESHMUKH, J.
1. Rule. With consent, Rule made returnable forthwith and taken up for final disposal.
2. Vide judgment dated 20th January, 2026, this Court had allowed the Petition setting aside the impugned order dated 25th March, 2019 and 12th September, 2022. Subsequently, an Interim Application was moved seeking expunging of paragraphs 7, 13, 20, and 21 of the judgment dated 20th January, 202
Stamp duty leviable on single NCLT sanction order of composite amalgamation as instrument, not underlying transactions; Section 5 inapplicable even for multiple transferors.
Court confirmed that orders sanctioning amalgamation schemes are instruments of conveyance under stamp duty law, allowing states to reduce such duties; however, new computation methods require legisl....
The court established that stamp duty on amalgamation is determined by the share valuation as per the exchange ratio on the appointed date, following the amendments to the Maharashtra Stamp Act.
Stamp duty on amalgamation is applicable only if immovable property is transferred within the state; otherwise, it should be based on the market value of shares issued.
The mortgage deed securing multiple loan agreements constitutes distinct transactions requiring separate stamp duty assessments under Section 5 of the Stamp Act.
The main legal point established in the judgment is the interpretation of the definition of 'instrument' under the Stamp Act and the one-time measure of the maximum cap on stamp duty, emphasizing the....
The applicability of the relevant provisions of the Indian Stamp Act, 1899 (as per West Bengal amendment) to the calculation of stamp duty on a demerger transaction involving companies where none of ....
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