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Stamp duty

(Querist) 02 April 2009 This query is : Resolved 
Does a Company (Transferee Co) require to pay stamp Duty on transfer of shares/ Debentures by the Transferor Co upon Demerger (Scheme of Arrangement) ?

Request your views

Regards
neelam desai (Querist) 03 April 2009
This is in further to the above query - Whether at the stage when Transferee Company send for processing of transfer of Shares/ Debentures of Trnasferor co in its name (pursuant ot demerger) - is the transferee comapny require to pay stamp duty on TD for trnasfer of shares/ debentures?

Request the memebrs to throw some light on the above
sanjeev murthy desai (Expert) 03 April 2009
Dear Neelam desai,

Under the provisions of stamp Act transferee should be pay the stamp duty on transfer of shares.

sanjeev desai
Manish Singh (Expert) 03 April 2009
Dear Ms neelam,
in some of the states your liable to pay stamp duty in cases of demerger( assuming it a court order)since they have specifically defined it to come under the stamp duty like maharshtra, gujarat etc. but in dlhi and some other states no such amendment has taken place so you are not rquired to pay stamp duty in that case.
adv. rajeev ( rajoo ) (Expert) 03 April 2009
I agree with Sanjeev
Hiralal Das (Expert) 06 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
Manish Singh (Expert) 14 April 2009
dear all,
please go through some case laws in this regard since that may change your views.


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