Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR, J
Suhas Damodar Sathe – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. The present case raises an important question under the Maharashtra Stamp Act , 1958: How does one distinguish between an instrument of conveyance and a development agreement for the purpose of stamp duty?
2. The petitioner has instituted the present Writ Petition under Article 227 of the Constitution of India, assailing the legality, validity, and propriety of the judgment and order dated 3rd June 2017 passed by Respondent No.2 in the purported exercise of powers conferred under Section 53A of the Maharashtra Stamp Act , 1958 (hereinafter referred to as “the Stamp Act”). By the impugned judgment and order, Respondent No.2 dismissed the appeal preferred by the petitioner, which challenged the earlier order dated 25th February 2016 passed by the Joint District Registrar Class-I and Collector of Stamps (hereinafter referred to as “the Collector of Stamps”). In the said order, the petitioner was directed to remit a deficit stamp duty of Rs.5,84,900/- pursuant to the Audit Objection Report submitted by the Comptroller and Auditor General of India. Furthermore, the petitioner was saddled with a penalty of Rs.11,69,800/-, on the premise that the instrument in question is gov
The court ruled that a development agreement can be classified as a conveyance for stamp duty purposes if it transfers substantial rights and interests in property, emphasizing the importance of the ....
The central legal point established in the judgment is that development agreements can be considered conveyance under the Stamp Act if they have the trappings of transfer of immovable property inter ....
Point of law: Supreme Court held that an agreement to sell is a conveyance within the meaning of Act and if such a document is not duly stamped it is inadmissible in evidence.
The government notification creating an indefeasible right for reduced stamp duty on conveyances influenced the court's decision in favor of the petitioner.
Stamp duty is on instrument and not on transaction – For several documents to form part of a single transaction, there must be a transaction in furtherance of which several other documents are execut....
Suit for Specific Performance – Liability to pay stamp duty – Stamp duty is on instrument and not on transaction – It is immaterial, whether possession of property has been handed over at the time of....
The Collector of Stamps must assess whether the properties under the Development Agreement and General Power of Attorney are identical to determine the applicable stamp duty under the Maharashtra Sta....
A development agreement requires registration and proper documentation; failure to disclose accurate property valuation leads to the assessment of additional stamp duty under the STAMP ACT.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
