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As per case facts, Schaeffler India Limited's composite amalgamation scheme was sanctioned by NCLT Mumbai and NCLT Chennai. The NCLT Mumbai order was lodged for stamp duty adjudication, but authorities
...assessed an excessive amount by treating the single scheme as multiple distinct transactions under Section 5 of the Stamp Act, 1958, leading to an appeal to the High Court challenging the levy of stamp duty. The question arose whether an NCLT order sanctioning a single composite amalgamation scheme constitutes one instrument for stamp duty or several distinct matters under Section 5 of the Stamp Act. Finally, the High Court held that Section 5 of the Stamp Act is not applicable to a single composite amalgamation scheme. The NCLT Mumbai order is a single instrument chargeable with stamp duty, and the earlier assessment based on multiple transactions was erroneous. The petitioner is liable to pay stamp duty with the prescribed cap, and the excess amount paid must be refunded with interest.
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