JUDGMENT :

The Court:- 1. The moot question which has arisen in the present writ petition is whether the respondent-Authorities were justified in imposing stamp duty payable at the rate of 7 per cent instead of 0.5 per cent under the Indian Stamp Act, 1899 (as per West Bengal amendment). A cardinal feature here is that the transaction-in-question is a demerger of companies, in which none of the immovable properties of the transferor company are located in the State of West Bengal.

2. As per learned senior counsel for the petitioner, the calculation of stamp duty ought to have been under Clause (b)(ii) of the Proper Stamp-Duty column, stipulated under Article 23A of Schedule IA of the West Bengal amendment.

3. The learned Advocate General, appearing for the respondents-Authorities, on the other hand, argues that the general provision of the right-hand (“Proper Stamp-Duty”) column of Article 23A, and not the proviso, would be applicable, in view of none of the properties involved being situated in West Bengal.

4. The respondents have cited several judgments. In the first of such judgm