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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH
Embassy Property Developments Private Limited – Appellant
Versus
Inspector General of Registration, Chennai – Respondent
| Table of Content |
|---|
| 1. petitioner seeks declaration for stamp duty exemption under sez status. (Para 1 , 5 , 6) |
| 2. petitioner requests registration of scheme of arrangement. (Para 2 , 3) |
| 3. summary of proceedings after hearing both parties. (Para 4) |
| 4. arguments regarding the applicability of stamp duty exemption. (Para 7 , 9 , 34) |
| 5. court's analysis of demerger approvals in relation to stamp duties. (Para 8 , 14) |
| 6. court finds that co-developer status is eligible for stamp duty exemption. (Para 28 , 30) |
| 7. court concluded demerger orders qualify for stamp duty exemption under sez law. (Para 31) |
| 8. writ petitions allowed; stamp duty exemption affirmed. (Para 39 , 45) |
| 9. issues involve entitlement to exemptions and interpretation of relevant statutes. (Para 40) |
ORDER :
1. W.P.No.17059 of 2024 has been filed seeking for a Writ of Declaration to declare that during the subsistence of a Special Economic Zone (SEZ) status, all the instruments pertaining to the lands covered under the planning permit dated 23.6.2018 issued by the Chennai Metropolitan Development Authority (CMDA) and the building permit dated 26.10.2018 issued by the Commissioner of Pallavaram Municipality in favour of the developer/
Demerger orders for projects under SEZ are exempt from stamp duty, including non SEZ lands used for SEZ purposes, reinforcing the interpretation of beneficial legislation.
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SEZ Act Section 26 exemption for services to SEZ units overrides service tax levy under Finance Act; procedural non-compliance in notifications does not defeat substantive statutory exemption due to ....
The applicable stamp duty for an unregistered agreement of sale for open agricultural land falls under Article 6(A) of the Indian Stamp Act, 1899, not Article 6(B).
The mortgage deed securing multiple loan agreements constitutes distinct transactions requiring separate stamp duty assessments under Section 5 of the Stamp Act.
State bound by SEZ policy promising octroi exemption to developers; must reimburse payments despite no municipal rule amendment, applying promissory estoppel as promise induced investment without pre....
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