Pramod Kumar Srivastava, J. - (1.) Heard learned counsel for the petitioner, learned AGA and perused the records.
(2.) M/s J.K. Industries Ltd. and M/s J.K. Sugar Ltd. were amalgamated pursuant to a scheme of amalgamation. Said scheme of amalgamation was approved by order dated 7.7.2003 of Calcutta High Court passed in Company Petition No. 139 of 2003. Thereafter immovable property of land etc. of M/s J.K. Industries Ltd. was mutated in revenue records in the name of M/s J.K. Sugar Ltd. Thereafter, other scheme of amalgamation between Dhampur Sugar Mills Ltd. (present petitioner) and M/s J.K. Sugar Ltd. was prepared for taking over the assets and liability of M/s J.K. Sugar Ltd; which was approved by Allahabad High Court. By order dated 18.3.2013 passed in Company Petition no. 6 of 2013, this scheme of amalgamation between petitioner and J.K. Sugar Ltd. was also subsequently approved by Calcutta High Court vide order dated 17.5.2013 (passed in Company Petition No. 47 of 2013 connected with company Application No. 741 of 2012).
(3.) In this scheme of amalgamation, which had been approved by the two High Courts, inter alia, there was paragraph 6.8.2, which reads that : Since all movable properties belonging to Transferor Company shall be transferred by way of delivery and possession, no stamp-duty shall be payable on transfer of such properties.;