The petitioner sought to quash a letter and order directing them to pay a deficiency in stamp duty of ₹51,95,243. The petitioner was the successful bidder in a court auction conducted by the Official Liquidator after M/s Montari Industries Ltd. was ordered to be wound up. A sale deed was executed, and stamp duty was paid. However, the Sub-Registrar referred the matter to the Additional Deputy Commissioner, citing a deficiency in stamp duty under Section 47-A of the Indian Stamps Act, 1899. The petitioner argued that Section 47-A doesn't apply to court-ordered auction sales.
On 2015-08-14, M/s Montari Industries Ltd. was ordered to be wound up by the High Court in Company Petition No. 83 of 2010, and an Official Liquidator was appointed. A sale notice was published on 2016-12-28 in the Indian Express for the sale of the company's movable and immovable properties. The petitioner was the successful bidder. The Official Liquidator filed Company Application No. 35 of 2017 in the High Court seeking confirmation of the sale, which was allowed on 2017-06-02. The petitioner received a letter on 2021-02-09 from the Official Liquidator to complete the formalities for executing the sale deed. The sale deed was executed on 2021-04-12, and stamp duty of ₹33,13,200/- was paid on 2021-04-07 for a sale consideration of ₹5,52,20,000/-. The Sub-Registrar
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M/s Montari Industries…
A sale notice was published in the Indian…
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The petitioner sought to quash a letter and order directing them to pay a deficiency in stamp duty of ₹51,95,243. The petitioner was the successful bidder in a court auction conducted by the Official Liquidator after M/s Montari Industries Ltd. was ordered to be wound up. A sale deed was executed, and stamp duty was paid. However, the Sub-Registrar referred the matter to the Additional Deputy Commissioner, citing a deficiency in stamp duty under Section 47-A of the Indian Stamps Act, 1899. The petitioner argued that Section 47-A doesn't apply to court-ordered auction sales.
On 2015-08-14, M/s Montari Industries Ltd. was ordered to be wound up by the High Court in Company Petition No. 83 of 2010, and an Official Liquidator was appointed. A sale notice was published on 2016-12-28 in the Indian Express for the sale of the company's movable and immovable properties. The petitioner was the successful bidder. The Official Liquidator filed Company Application No. 35 of 2017 in the High Court seeking confirmation of the sale, which was allowed on 2017-06-02. The petitioner received a letter on 2021-02-09 from the Official Liquidator to complete the formalities for executing the sale deed. The sale deed was executed on 2021-04-12, and stamp duty of ₹33,13,200/- was paid on 2021-04-07 for a sale consideration of ₹5,52,20,000/-. The Sub-Registrar
…M/s Montari Industries…
A sale notice was published in the Indian…
Sign in to view related legal provisions.