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2010 Supreme(All) 1905

PANKAJ MITHAL
NARENDRA DHAR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
J.P. Pandey for the Petitioner; S.C. for the Respondents.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The document in question is a transfer of lease by way of assignment, not a sub-lease or outright sale (!) (!) .
  2. The transfer involves the complete transfer of rights from the original lessee to the petitioner, with no reservation of reversionary rights to the original lessor, indicating an absolute transfer of lease rights (!) (!) .
  3. The nature of the document qualifies it as a transfer of lease by way of assignment under Article 63 of Schedule 1-B of the Indian Stamp Act, 1899, and it is chargeable to stamp duty as a deed of conveyance based on the sale consideration (!) (!) .
  4. The document does not fall under the category of a lease or sub-lease that would be chargeable under Article 23 of Schedule 1-B, which applies to leasehold rights of more than 30 years (!) (!) .
  5. The stamp duty should be paid according to the sale consideration as per Article 63, rather than the market value, which is applicable for leases or sub-leases (!) (!) .
  6. Penalty imposed for non-payment or evasion of stamp duty was found to be unjustified because there was no evidence of deliberate concealment or evasion by the petitioner (!) .
  7. The court issued a writ of certiorari to quash the previous orders that had imposed penalties and directed the authorities to realize stamp duty based on the appropriate classification as a transfer of lease by assignment under Article 63 (!) .

These points summarize the legal reasoning and outcome regarding the classification of the document and the applicable stamp duty obligations.


JUDGMENT

Hon’ble Pankaj Mithal, J.—Heard Sri J.P. Pandey, learned counsel for the petitioner and learned Standing counsel for the respondents and with their consent, the writ petition is being finally decided.

2. I have also perused the pleadings of the parties.

3. Agra Development Authority developed a residential colony Sanjay Place Group Housing Scheme at Agra. One of the houses in the said scheme i.e. Flat No. 1/2 H.I.G. situate on the ground floor having an area 85.13 sq. metre was allotted to one Kishan Chand Shivhare. A composite lease cum sale deed in respect thereof was executed and registered on 9.1.1987 leasing out the land for a period of 80 years and sale of the superstructure though actually superstructure was made by the Agra Development Authority on behalf of the lessee from his funds only. The aforesaid lessee/purchaser subsequently, transferred his rights in the said house in favour of the petitioner vide sale deed dated 31.3.2003 (Annexure 2 to the writ petition) for a consideration of Rs. 4,00,000/-. The petitioner on the said instrument paid stamp duty on the value of Rs. 4,81,000/- being the value as per the circle rate notified in accordance with Article 63 of

























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