O R D E R

This petition under Article 226/227 of Constitution of India has been filed seeking the following relief(s) :

7.1 This Hon’ble Court may kindly be pleased to issue appropriate writ, order and direction :

a. to quash the impugned order dated 24-10-2020

(Annexure-P/22) passed by the Respondent being illegal arbitrary and exorbitant;

b. to hold that the Petitioner is not liable to pay stamp duty on the order of NCLT Allahabad dated 2-3-2017 in view of the express statutory provision contained in the Indian Stamp Act, 1899 (as applicable to State of M.P.) ;

c. That, any other relief deemed fit in the facts and circumstances of the case may also kindly be granted.

2. It is submitted by Counsel for the Petitioner, that at the time of admission of this writ petition, a preliminary objection was raised by the Respondents with regard to alternative remedy and the Co-ordinate Bench by order dated 25-11-2020, has rejected the preliminary objection. The Petitioner No.1 is a Company incorporated under the provisions of Companies Act. The Petitioner No.1 is the part of conglomerate Aditya Birla Group.

3. The State of M.P., by notification bearing No.F.8-429-2014- 2V(01) dated 2-1-2015 issued under Section 9(1)(a) of the Indian Stamp Act, inserted a table of reduced rates in relation to the existing Schedule 1-A of the Indian Stamp Act (as applicable in State of M.P.). By Indian Stamp (Madhya Pradesh) Amendment Act, 2014 dated 7-1-2015, a new Schedule 1-A was substituted for the previously operational Schedule 1- A. Further by Notification dated 16-4-2015, by exercising power conferred under Section 9(1)(a) of Indian Stamp Act, the State Government amended January 2015 reduced rates and substituted Rs. 10 Cr. with Rs. 25 Cr. in Sr. No. 4 of Article 25 of Indian Stamp Act.

4. In the year 2016, the Petitioner No.1 entered into definitive arrangements with M/s Jai Prakash Associates (JAL) and M/s Jaypee Cement Corporation Limited (JCCL) for acquiring amongst others, the JAL Bela Cement Plant at Rewa and JAL Sidhi Cement Plant at Sidhi situated in State of Madhya Pradesh. On 15-2-2017, NCLT Mumbai Bench vide its order passed in B.H.C. Company Scheme Pattern No. 881 of 2016, sanctioned Scheme of Arrangement between the Petitioner, JAL and JCCL. NCLT Mumbai specifically ordered the Petitioner to lodge the copy of order of NCLT Mumbai along with sanctioned scheme with Superintendent of Stamps, for the purpose of adjudication of stamp duty within 60 days from the date of receipt of order.

5. Similarly, the NCLT-Allahabad Bench vide its order dated 2-3- 2017 passed in Company Petition No.49 of 2016, sanctioned the scheme of Arrangement between the Petitioner, JAL and JCCL.

6. Accordingly, the Petitioner No.1 acquired the identified Cement Plants of JAL and JCCL situated in the State of Madhya Pradesh, State of Andhra Pradesh, Himachal Pradesh, Uttar Pradesh and Uttarakhand as a going concern. The Petitioner no.1 filed an application before Superintendent of Stamps, Mumbai. The Board of Directors of the Petitioner No.1, JAL and JCCL in a meeting decided to make the scheme of arrangement effective from 29-6-2017.

7. It is submitted that vide notification dated 3rd of July 2017, the stamp duty chargeable on “instrument” under proviso (a) of Article 25 of Stamp Schedule 1-A was capped to maximum amount of Rs. 25 crores. The Mudra Zila Adhikari (Court of Collector of Stamps/Revenue), Mumbai issued an order dated 4-10-2017 demanding stamp duty of Rs. 32,37 cr. which was paid by Petitioner no. 1 on 1-11- 2017. 8. With a view to seek relaxation in payment of Stamp Duty, the Petitioner No.1 wrote a letter dated 24-10-2017, to the Principal Secretary, Govt. of Madhya Pradesh, Department of Commercial Tax, Bhopal regarding chargeability of stamp duty on the NCLT/Scheme of Arrangement as per notification dated 3-7-2017. The Petitioner also made a representation to the Chief Minister on 19-7-2018 seeking his intervention in the matter of imposition of Janpad Cess