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IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR
SK. Abdul Sabir & Associates – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
Shampa Sarkar, J.
1. The question before this court is whether the instrument which has been styled as the Memorandum of Understanding (MOU) and which was tendered as an exhibit by the writ petitioner in Title Suit No. 70 of 2011, also dealt with transfer of landed property and whether the stamp duty assessed by the respondents was correct.
2. The order dated July 31, 2023, bearing number 1297-FT/O/IN-05/20 issued by the Additional Chief Secretary to the Government of West Bengal and Chief Controlling Revenue Authority Government of West Bengal, passed in a reference under Section 56 of the Indian Stamp Act 1899 and the consequent order dated September 7, 2023, passed by the District Magistrate Hooghly, are under challenge before this court.
3. The facts narrated in the writ petition are discussed in a nutshell:-
(a) The petitioner is a partnership firm constituted under the Partnership Act 1932. One M/s Nirmal and Navin Private Limited (hereinafter referred to as the ‘company’) had availed of credit facilities for the purpose of its cold storage business to the tune of Rs 6.10 crores from Hooghly District Central Co-operative Bank. The company approached the petitioner for f
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In Court-ordered sales, stamp duty applies only to the sale consideration, not to market value, as established by the Transfer of Property Act.
A scheme of arrangement involving amalgamation or demerger qualifies as an instrument under the Indian Stamp Act, subject to applicable stamp duties.
The court affirmed that all components of the sale, including outstanding mortgage obligations, must be considered for stamp duty valuation, adhering strictly to statutory definitions.
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