Himachal Futuristic Communications Ltd. vs. State of Rajasthan & Ors.

Rajasthan Stamp Act, 1998–Sec. 3(b)–Companies Act, 1956–Secs. 391 & 394–Petition for sanctioning the scheme of arrangement and amalgamation of the other company with the appellant company–High Court of Himachal Pradesh sanctioned the scheme–Transferor company was dissolved without process of winding up–Appellant-company sought the mutation of 14 parcels of lands situated in Rajasthan–Demand of stamp duty over the whole amount of document sanctioning the amalgamation by the High Court of Himachal Pradesh–Whether permissible ?–Held, no–On the document being received in State of Rajasthan, the stamp duty would be chargeable only in respect of the properties situated in the State of Rajasthan and not in respect of the share transferred–Impugned notice of demand and judgment passed by the Single judge are liable to be quashed.