Hon’ble Pankaj Mithal, J.—On the basis of the spot inspection report dated 26.8.2010 proceedings were dawn under the Indian Stamp Act in respect of the document No. 3717 dated 20.7.2010 which is a sale-deed. The authorities under the Stamp Act vide order dated 14.12.2010 determined the market value and the deficiency in stamp duty. At the same time an amount equal the deficiency of stamp duty was also been imposed as penalty. This order was affirmed in appeal vide order dated 9.3.2011.

2. Sri Varun Dev Sharma, learned counsel for the petitioner has argued that imposition of the penalty under the facts and circumstances of the case is wholly unjustified.

3. In response to the above argument learned Standing counsel has submitted that as the document was found insufficiently stamped, the authorities have rightly imposed penalty of an equal amount of deficiency though they had the power to impose penalty four times of the deficiency in stamp duty.

4. There is no dispute with regard to power of the authorities under the Stamp Act to impose penalty to the extent of four times the deficiency in stamp duty. However, the question is as to what is the criteria for imposing penalty.