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2005 (12) TMI 283 - SC - Companies LawWhether execution of a supplementary agreement entered into by and between the appellant and the third respondent herein would amount to a transfer so as to attract stamp duty payable in terms of article 5(d) of the Schedule appended to the Karnataka Stamp Act, 1957, consequent upon the change of the name of the erstwhile company to the appellant-company? Held that:- Appeal allowed. It is now well-settled that for the purpose of levy of stamp duty, the real and true meaning of the instrument must be ascertained. The High Court held that "the supplementary lease agreement cannot be said to be an instrument whereunder the appellant-company claims certain leasehold from the Board but having done so, the High Court was not correct in holding that it is liable to pay the stamp duty. Thus as by a reason of the supplementary agreement, no fresh transaction has been entered into, the impugned judgment cannot be sustained, which is set aside accordingly.
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