PVP Ventures Ltd has emerged victorious in a major court battle after the Madras High Court quashed a Rs 12.43 crore retrospective stamp duty demand raised by Tamil Nadu Registration Department. The demand levied on merger transactions in 2006 and 2008 was challenged by the company on the basis of inconsistency of the law and lack of statutory power.
Key points of the court ruling:
The notice of demand was based on the government instructions in 2020 and 2019, which had introduced retrospective stamp duty measures.
The High Court ruled that Rule 55A of the Tamil Nadu Registration Rules is not a statutory rule and cannot override the Registration Act, 1908
The court reaffirmed that Section 68 of the Act only provides for supervisory powers and not retrospective impositions
The decision is in line with previous rulings that registrars cannot require original documents where certified copies are being presented from government offices
Company's reaction and implications:
PVP Ventures had contended that the demand was not substantial and resorted to judicial remedies to obtain equitable relief
The firm made sure that it adhered to all the rules and notified the exchanges during the process
The ruling relieves the immediate financial burden and sets a precedent in such a scenario of retrospective taxation
Strategic significance:
The ruling enforces judicial oversight of retrospective fiscal claims and encourages business confidence in legal remedy
Market observers view this as a landmark decision that can guide the direction of future regulatory interpretation in merger-related stamp duty issues.
Sources: Economic Times, Value Research, Moneycontrol, Verdictum, Indian Kanoon, BSE India, Financial Express, Times of India