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2009 (12) TMI 499 - HC - Companies LawAmalgamation - refusal of the authorities of the Government of NCT of Delhi to accept the scheme of amalgamation - changeability to stamp duty - Held that:- The scheme of amalgamation stands accepted by the Court. I find that even the order dated 19-3-2008 also records that the transferor-companies were hundred per cent subsidiaries of the transferee-company. In view of the requirement of item 55 of the Notification dated 25-12-1937 requires a certificate to be produced by the parties to the instrument that the conditions prescribed in the instant case are fulfilled. In the given facts, the same would appear to be a technicality and there should be no difficulty in obtaining such certificate. Compliance with the requirement of the Notification cannot be waived. As a result, subject to the petitioner satisfying the above condition described in item 55 of the Notification dated 25-12-1937 the stamp duty chargeable on the approved scheme of amalgamation would stand remitted in terms thereof. The concerned authorities shall ensure that proceedings in the matter are concluded and an appropriate order passed within four weeks. This application is allowed to the above extent and terms.
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