Amarjeet Singh Serjit Singh J:

Introduction

[1] In this judgment, the sections or schedules mentioned refer to the Stamp Act 1949 .

[2] On 25 November 2024, I dismissed the appeal which was brought by way of a case stated wherein the plaintiff, Petronas Dagangan Berhad ("PDB" or "Vendor") sought, in the main, a declaration that the assessment of stamp duty under Item 32(a) of the First Schedule appearing in the Notice of Stamp Duty Assessment dated 15 September 2022 ("the assessment" or "the said Notice") made by the Collector of Stamp Duty ("the Collector") is null and void.

[3] A further declaration was sought to the affect that the stamp duty reflected in the said Notice on the Business Transfer and Share Subscription Agreement dated 9 March 2022 ("the Agreement") between the plaintiff and Petrosniaga Sdn Bhd ("Pertosniaga" or "Purchaser") and Petroleum Sarawak Berhad should be charged with RM10.00 under Item 4 and not under Item 32 of the First Schedule.

[4] The issues framed by the Collector in the case stated (at para 16) prepared under s 39(1) for determination by this Court are as follows:

16.1 Whether the Notice of Assessment issued by the Defendant is wrong, null, and