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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Romell Real Estate Pvt. Ltd. – Appellant
Versus
State Of Maharashtra – Respondent
JUDGEMENT :
SOMASEKHAR SUNDARESAN, J.
1. Rule. Rule made returnable forthwith and by consent of the parties, heard finally.
Context and Factual Background:
2. This Writ Petition challenges Demand Notices dated December 9, 2021 and December 21, 2023 issued by Respondent No.3, Collector of Stamps (“Demand Notices”) and an Order dated June 20, 2024 (“Impugned Order”) passed by Respondent No.2, the Chief Controlling Revenue Authority (“CCRA”) under Section 53A of the Maharashtra Stamp Act, 1958 (“Stamp Act”).
3. The Petitioner, Romell Real Estate Pvt. Ltd. (“Petitioner”) had entered into a draft Agreement for Sale with an erstwhile landowner for acquisition of land, which would be utilized for Slum Redevelopment Project. The draft of the Agreement for Sale was sought to be adjudicated, for which the Petitioner filed an application for adjudication under Section 31 of the Stamp Act to the Collector of Stamps. The Collector of Stamps adjudicated the same and computed the stamp duty payable by an order dated January 19, 2017 (“Adjudication Order”) pursuant to which, the Petitioner paid the stamp duty on March 18, 2017. The stamp duty had been adjudicated at Rs. 3.15 crores.
4. On December 9, 20
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 correct procedure for determining the true market value of the property and recovering deficit stamp duty in cases of dispute is as per sub-sections (4) and (5) of Section 32A of the Maharashtra ....
The Board of Revenue has jurisdiction under the Indian Stamp Act to hear revisions against orders of the Collector regarding stamp duty adjudication.
The Collector must follow due process and provide notice before determining stamp duty; reliance on ex-parte inspections without evidence contravenes procedural laws.
The Collector of Stamps must adhere to previous valuations and cannot apply new ASR for determining market value in cases remanded for fresh adjudication.
The court ruled that valuation procedures under the Indian Stamp Act must follow due process and be supported by substantiated evidence; arbitrary enhancements without proper procedure are legally un....
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