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2011 Supreme(Mad) 707

C.NAGAPPAN, M.M.SUNDRESH
AREVA T&D Lightning Arresters Pvt. Ltd. – Appellant
Versus
The Additional Secretary Department of Revenue and Disaster Management Puducherry – Respondent


Advocates Appeared:
For the Appellant:T.R. Senthilkumar, Advocate.
For the Respondent: R. Syed Musthafa, Addl. Govt. Pleader (Puducherry).

JUDGMENT :

M.M. Sundresh, J. –

1. This Writ Appeal has been preferred against the order of the learned single judge whereby the Writ Petition filed by the appellant was dismissed confirming the order dated 04.12.2006, by which the request made by the appellant for the refund of stamp duty was rejected.

2. Facts in brief, are, as follows:-

i) The appellant is a Limited company. The appellant has been involved in the business of designing, developing, manufacturing, buying and selling of lightning arresters, zinc oxide varistors and their components thereof. M/s.S & S Hitech Security Systems Limited was a subsidiary company of M/s.SSB Industries Limited. M/s.SSB Industries Limited was the holding and parent company. The parent company, M/s.SSB Industries Limited transferred all its assets inclusive of land, building and machineries in favour of its subsidiary company M/s.S & S Hitech Security Systems Limited by way of a registered Sale Deed dated 22.11.2000. The document was registered in Document No.2310/2000 in the office of the Sub-Registrar, Villianur, Pondicherry. The sale consideration was fixed at Rs.4,70,33,000/-. Accordingly a total stamp duty of Rs.44,80,000/- was paid as p


















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