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samyuktanabera   30 January 2015

Stamp duty applicability for demerger transaction in tn

A company in Chennai is going for demerger. There will be change in ownership for the same. Would this attract Stamp Duty in the state of Tamil Nadu cause presently the stamp duty act is only proposed in Tamil Nadu and the same is not enacted.

 

Kindly guide, if stamp duty is applicable for demerger in Tamil Nadu. 



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 1 Replies

Jai Karan Nagwan (consultant)     30 January 2015

Wherever the state has enacted their own stamp Act has made provision for payment of stamp duty on transfer of property in case of demerger. supreme Court has already endorsed the view that transfer of asset to transferee is at par with conveyance, since the transfer is on mutual consent of both the parties and order of the high court or tribunal is merely an approval. So should be charged with stamp duty. Despite the facts Indian trust has have no such provision. As you said as on Date there is no TN stamp Act, YOU Will have benefits and no stamp duty.

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