JUDGMENT :

Akil Kureshi, J.

1. Heard learned counsel for the parties for the final disposal of the petition. The petitioner has challenged the action of the respondents of issuing demand of stamp duty and the notices issued for recovery of such stamp duty.

2. The petition has arisen in following background:- The petitioner is a Limited Company registered under the Companies Act. The petitioner has been in use and occupation of office premises admeasuring 57,664 sq ft (hereinafter referred to as the "said premises") situated at 'A' Wing, Kensington Building, Hiranandani Business Park, Powai, Mumbai 400 076 since 14.9.2007 on lease.

3. The said premises has been leased to the petitioner by one HGP Community Pvt Ltd ("HGP" for short). Upon expiry of the previous lease agreement, the petitioner and HGP wanted to execute a fresh lease agreement in relation to the said premises extending the lease for five years. According to the petitioner, a draft of such fresh lease agreement was prepared jointly by both sides. However, before executing such document, the parties wanted to ascertain the stamp duty liability on such agreement. An application was, therefore, filed before Respondent No. 2 -