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VIVEK RUSIA
Mahle Engine Components India Private Limited – Appellant
Versus
Madhya Pradesh Board Of Revenue Chief Controlling Revenue Authority – Respondent
ORDER :
Vivek Rusia, J.
The petitioner has filed the present Writ Petition being aggrieved by the order dated 21.09.2016 passed by the Collector and the order dated 22.08.2018 passed by the Board of Revenue, Gwalior, and the collector of stamps.
2. The Petitioner is a company incorporated under the Companies Act, 1956 (Now 2013) having its registered office at Plot No.9,10,11, Sector 3 Industrial Area, Kheda, Pithampur, District Dhar. Vide resolution dated 01.07.2019 passed by the Board of Directors, Mr. Syed Mohammad Aun has been authorized to file this Writ Petition.
3. The petitioner (hereinafter referred to as the Transferee company) along with its other group company MAHLE IPL Limited (hereinafter referred to as 'the Transferor Company'') having its registered office within the State of Tamil Nadu decided to carry out a restructuring of the group for simplification of their structure and control and prepared Scheme of Amalgamation with the petitioner (hereinafter referred to as 'Transferee Company'). In this regard, Company Petition No.22/2014 under Section 391 to 394 of the Companies Act, 1956 was filed by the Transferee company for approval of the Scheme of Amalgamation. Vide o
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 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.
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....
A scheme of arrangement involving amalgamation or demerger qualifies as an instrument under the Indian Stamp Act, subject to applicable stamp duties.
The court ruled that no stamp duty is payable for change of name in revenue records after amalgamation when the property was not part of the amalgamation scheme.
The Tribunal approved the amalgamation scheme under the Companies Act, confirming compliance with statutory obligations while emphasizing that statutory and financial concerns attached to loss-making....
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