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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JITENDRA JAIN
Sony Mony Electronics Limited – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Jitendra Jain, J.
1. This petition challenges an order dated 14 August 2012 passed by respondent no.2 under Section 53A of the Bombay/Maharashtra STAMP ACT , 1958 (hereinafter referred to as the ‘ STAMP ACT ’) whereby a sum of Rs.8,21,000/- is demanded on account of deficit stamp duty on the instrument dated 15 December 2003. The petition also challenges order dated 21 August 2015 passed by respondent no.2 pursuant to the directions given by this Court.
2. In the impugned order dated 14 August 2012, reference was made to an audit report and the valuation report sought by respondent no.2 from the Joint Director, Town Planning, Valuation without the copy of the same being given to the petitioner. Therefore, vide order of this Court dated 15 April 2015, the respondents were directed to give a copy of the valuation report and after hearing, the petitioner were directed to pass appropriate orders. Pursuant thereto, respondent no.2 vide his order dated 21 August 2015 passed the order confirming his earlier order dated 14 August 2012 and the said order is also a subject matter of challenge in the present petition.
Brief Facts :-
3. On 2 December 2003, pursuant to the petitioner
The court determined that proceedings to recover deficit stamp duty must be concluded within six years from the original adjudication date, emphasizing timely resolution in revenue matters.
The three-year limitation for initiating inquiries under Section 33-A of the Indian Stamp Act is mandatory, and any actions taken beyond this period are without jurisdiction.
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Market value for stamp duty on slum redevelopment land sale excludes PTC construction cost under ASR Guideline 26; Section 53A revision proceedings must complete entire process within six years of or....
The court established that the authority's power to recover deficit stamp duty is limited to a period of five years from the date of execution of the instrument, as per the Indian Stamp Act, 1899.
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