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JAISHREE THAKUR
Harmeet Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. writ petition filed against notice for stamp duty (Para 1 , 2) |
| 2. petitioners argue against additional stamp duty (Para 3) |
| 3. respondents justify the stamp duty on property (Para 4) |
| 4. court analyses provisions of the indian stamp act (Para 5 , 6 , 7 , 8) |
| 5. explanation of exemption from additional stamp duty (Para 9) |
| 6. court's decision to allow petition and refund stamp duty (Para 10) |
JUDGMENT
Jaishree Thakur, J.
The instant writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the impugned notice dated 26.07.2011, Annexure P-4, whereby the petitioners have been asked to pay deficit stamp duty of Rs.1,81,500/- as social security fund, as well as the subsequent orders dated 16.05.2012, Annexure P-6, and 08.01.2015, Annexure P-7, passed by respondents No.3 and 2 respectively upholding the imposition of said social security fund.
2. Brief facts of the case are that one Sukhdev Singh transferred his property situated at Village Khadial, Tehsil Sunam, District Sangrur, in favour of his sons, who are the petitioners herein, vide transfer deed No.3580, dated 03.02.2010, for a total
In Court-ordered sales, stamp duty applies only to the sale consideration, not to market value, as established by the Transfer of Property Act.
The demand for deficit stamp duty was barred by limitation under Section 53A of the Bombay Stamp Act, 1958, as it was raised beyond the 6-year period from the date of the certificate issued in 1995.
The transfer of trusteeship is deemed a 'settlement' under Article 58(ii) of the Indian Stamp Act, affirming that no conveyance occurred, but rather a handing over of management for charitable purpos....
Stamp duty for Sale Certificates must be calculated based on the purchase price stated in the certificate, not the market value, with total permissible duties capped at specified rates.
Demand for deficit stamp duty is barred by limitation under Section 53A of the Maharashtra Stamp Act, 1958, if raised beyond the 6-year period from the date of the certificate.
The court clarified the distinction between 'Release' and 'Conveyance', emphasizing existing rights in property under the Indian Stamp Act and the Hindu Succession Act.
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