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Stamp duty in case of merger or amalgamation

(Querist) 28 March 2016 This query is : Resolved 
We have an industrial plot allotted by HUDA in the name of ABC Private Limited in and registered office of company is in Delhi.

Now the second company is XYZ Private Limited with the registered office in Delhi and promoters are same in ABC Private Limited and XYZ Now both the companies enter into merge or amalgamation and XYZ will be Transferor company and ABC will be the Transferee company.

Now Kindly suggest weather stamp duty will be charge in case of merger if Industrial plot will be transferred in the name of XYZ after amalgamation and ABC private limited is the wholly owned subsidiary of XYZ Private Limited.
Adv. Yogen Kakade (Expert) 28 March 2016
I think the Industrial plots in few states are governed by the Industrial Development authority of that state and the plot is non transferable. Contact the Industrial policy authority for more information.

Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888

Rajendra K Goyal (Expert) 28 March 2016
Refer to the rules / conditions of allotment. Please confirm whether the plot was allotted by HUDA or HSIDC.
kavksatyanarayana Online (Expert) 30 March 2016
both the companies can enter into amalgamation i.e. XYZ (Transferor company) and ABC (the Transferee company). The stamp duty shall be paid for amalgamation as per state amendment act as the stamp duty varies from state to another state.


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