stamp duty_amalgamation_immovable properties in different States

Facts:Delhi High Court sanctioned the amalgamation scheme of two companiesduly registered at Delhi without anything stating on stamp duty.Some immovable property of transferring company are situated in thestate of Rajasthan.Will the state of Rajasthan have jurisdiction to demand stamp duty onthe amalgamation?If answer is in positive, whether1. the stamp duty be payable on whole consideration of the amalgamationor2. the stamp duty be payable on the market value of the immovableproperty situated in the state of Rajasthan of transferring company?State Legislature has been allowed to levy stamp duty on the order ofamalgamation passed by a court by the Hon’ble Apex court in HindustanLever vs. State of Maharastra under on Bombay Stamp Act-having similar provisions to Rajasthan StampAct while deciding following specific issue(1) whether the State Legislature had the legislative competence toimpose stamp duty on the order of amalgamation passed by a court?Answer:“……………………In view of the aforesaid discussion, we hold that the orderpassed by the Court under Section 394 of the Companies Act is basedupon the compromise between two or more companies. Function of theCourt while sanctioning the compromise or arrangement is limited tooversee that the compromise or arrangement arrived at is lawful andthat the affairs of the company were not conducted in a mannerprejudicial to the interest of its members or to public interest thatis to say it should not be unfair or contrary to public policy orunconscionable. Once these things are satisfied the scheme has to besanctioned as per the compromise arrived at between the parties. It isan instrument which transfers the properties and would fall within thedefinition of Section 2 (1) of the Bombay Stamp Act which includesevery document by which any right or liability is transferred. TheState Legislature would have the jurisdiction to levy stamp duty underEntry 44, List III of the seventh Schedule of the Constitution ofIndia and prescribe rates of stamp duty under Entry 63, ListII………………………………”