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R. RAGHUNANDAN RAO, HARINATH NUNEPALLY
Bharat Heavy Electricals Ltd. , Rangapuram, Vellore – Appellant
Versus
State of Andhra Pradesh – Respondent
Headnote: Read headnote
JUDGMENT :
R. RAGHUNANDAN RAO, J :
The appellant herein which is a Public Sector Corporation involved in Fabrication, Erection and Operation of various machines had entered into an agreement with M/s. NREDCAP for installation of wind tools for generation of electricity.
2. The appellant had received a notice dated 05.06.2015 under Section 41-A of the Indian STAMP ACT , 1899 from the 2nd respondent herein. In this notice, the 2nd respondent, on the basis of information supplied by the Vigilance and Enforcement Department, Anantapuram had stated that the appellant, was involved in execution of a project, worth of Rs.1,500/- crores, under an agreement executed between the appellant and M/s. NREDCAP. The 2nd respondent, after stating the above facts, estimated that the unregistered agreement should have been stamped with Rs.75/- l
A show-cause notice issued without jurisdiction, particularly regarding unregistered documents, is invalid and may be challenged to prevent unwarranted legal action.
The court established that insufficiently stamped documents cannot be admitted in evidence unless the required stamp duty and penalties are paid, emphasizing the distinct roles of courts and the Dist....
Procedural non-compliance in property valuation hearings renders resulting orders invalid, necessitating fresh proceedings to ensure parties are duly notified and allowed to participate.
The court confirmed that a document evidencing possession transfers its status from an agreement to a conveyance, thus imposing requisite stamp duty as per statutory provisions.
The correct procedure to be adopted in cases where the dispute is about the true market value of the property is as per subsections (4) and (5) of Section 32A of the Maharashtra Stamp Act, 1958. The ....
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