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2011 Supreme(All) 1389

PANKAJ MITHAL
RAJHANS INFRATECH PVT. LTD. – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ashish Mishra for the Petitioners; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Petitioners are two registered private limited companies duly incorporated under the provisions of the Indian Companies Act. They are sister companies.

2. The petitioner-companies were allotted plot No. 6-B and 6-A respectively in Sector-I, district Gautambudh Nagar by the Greater Noida Industrial Development Authority having value of Rs. 18,11,84,248/- and Rs. 22,19,63,683/-, respectively. The Greater Noida Industrial Development Authority vide letter dated 24.3.2011 required both the companies to furnish stamp papers equivalent to 5% of the value of the plots allotted to them for the purposes of execution of the lease deeds.

3. Petitioner No. 1 was required to pay stamp duty of Rs. 1,24,10,000/- and petitioner No. 2 Rs. 1,52,02,992/- as per the calculation made by their counsel. Since the amount of stamp duty payable was very heavy, it was advised that the same may be paid in cash and a certificate of payment may be obtained in the form of an endorsement by the officer in charge of the treasury as provided under Section 10-A of the Indian Stamp Act.

4. The petitioners accordingly, for the purpose of payment of requisite stamp duty, as indicated abov







































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