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AHSANUDDIN AMANULLAH, PRASHANT KUMAR MISHRA
Godwin Construction Pvt. Ltd. – Appellant
Versus
Commissioner, Meerut Division – Respondent
JUDGMENT
PRASHANT KUMAR MISHRA, J.
1. Leave granted in SLP (Civil) No.36434 of 2014.
FACTUAL MATRIX IN CIVIL APPEAL NO. 7661 OF 2014
2. Civil Appeal No.7661 of 2014 calls in question the impugned order dated 22.01.2013 passed by the High Court of Judicature at Allahabad in Writ Petition No. 31966/2012, whereby the High Court dismissed the writ petition filed by the appellant, affirming the order dated 11.06.2012 passed by respondent No.1, which in turn affirmed the order dated 15.09.2010 passed by respondent No.2, directing the appellant to pay Rs.4,61,760/- (Rupees Four Lakh Sixty-one Thousand Seven Hundred and Sixty) as deficient stamp duty under Article 40(b) of Schedule 1-B of the Stamp Act, together with penalty of Rs.100/- along with interest at the rate of 1.5% per month from the date of execution of the instrument till recovery.
3. On 18.12.2006, the Meerut Development Authority allowed the appellant to develop a colony known as “Global City, Abdullahpur, Meerut”. On 19.12.2006, the appellant executed a “Security Bond cum Mortgage Deed” in favour of the Meerut Development Au
Determination of stamp duty – In matters of stamp duty, decisive factor is not nomenclature assigned to instrument, but substance of rights and obligations it embodies – Court is duty-bound to ascert....
The mortgage deed securing multiple loan agreements constitutes distinct transactions requiring separate stamp duty assessments under Section 5 of the Stamp Act.
Stamp duty under the Indian Stamp Act applies only to written instruments evidencing agreements; oral agreements do not create a taxable event.
Stamp duties under the U.P. Town Improvement Act are distinct from those under the Indian Stamp Act, preventing the application of penalties for the former under the latter.
In Court-ordered sales, stamp duty applies only to the sale consideration, not to market value, as established by the Transfer of Property Act.
The court affirmed that all components of the sale, including outstanding mortgage obligations, must be considered for stamp duty valuation, adhering strictly to statutory definitions.
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