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Jayanta Bandyopadhyay   04 January 2025

Amalgamation and stamp duty

Transferor and Transferee companies are located in Bengal. NCLT approves it. Also from Kolkata. Some properties of Transferor company are in Assam & Maharashtra. Can we pay stamp duty in Bengal only. Anything to inform to Assam & Maharashtra Registrar?

Please guide 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     04 January 2025

You may have to pay the stamp duty for the  transfer of properties located in respective sub registrar office of each state, the stamp duty differs from one state to another.

Jayanta Bandyopadhyay   04 January 2025

Thanks Sir.

But the Deed of Conveyance, duly approved by NCLT, is considered in Kolkata for making payment of stamp duty on the entire value of amalgamation. Then,  would it not be a double payment for assets in Assam & Maharashtra?

kavksatyanarayana (subregistrar/supdt.(retired))     04 January 2025

You ascertain the Market Value of the properties located in Assam and Maharashtra and then pay the stamp duty in Bengal.  After the admission of the document, the Sub Registrar in Bengal sends a copy of the document to the Sub Registrar in Assam and Maharashtra for their approval.  After receipt of a reply from the Sub Registrars concerned, further action will be taken by the SR in Bengal.

T. Kalaiselvan, Advocate (Advocate)     05 January 2025

Appreciable opinion from expert Shri KAVK Satyanarayana sir, I concur with his further views on the subject. 


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