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2011 Supreme(All) 1389

[2011(5) ADJ 518]
ALLAHABAD HIGH COURT
BEFORE : PANKAJ MITHAL, J.
M/s. RAJHANS INFRATECH PVT. LTD. AND ANOTHER .....Petitioners
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition No. 21535 of 2011, decided on 10th May, 2011)

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

Headnote:(Indian) Stamp Act, 1899—Section 10-A—Stamp duty—Execution of—Lease deed—Application for correction—Petitioner-Companies were allotted plot by NOIDA—NOIDA required both companies to furnish stamp papers equivalent to 5% of value of plot allotted to them for purposes of execution of lease deeds—Since amount of stamp duty payable was very heavy, it was advised by their counsels that same may be paid in cash and a certificate of payment may be obtained in form of an endorsement by officer-in-charge of treasury as provided under Section 10-A of Act—Petitioners drafted two separate application with aid of their counsels for payment of stamp duty in cash/draft/Bankers cheques and for issuance of necessary certificate by endorsement—However, in submitting such application, due to human error, amount of stamp duty payable by two petitioner-companies were interchanged alongwith drafts, with the result officer-in-charge treasury issued certificate by endorsement to effect that petitioner-1 had paid stamp duty of Rs. 1,52,02,992 in place of Rs. 1,24,10,000 and that petitioner-2 had paid stamp duty of Rs. 1,24,10,000 in place of Rs. 1,52,02,992—Thus, application for correction of said certificate were rejected by authorites on ground that there is no provision for such correction—Held, impugned order of Treasury Officer quashed and set aside—And he was directed to make necessary correction in said certificate with regard to payment of stamp duty of two petitioner-Companies. [Paras 11,15, 18, 29, 30, 31 and 32]

       

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 above, applied to the respective banks i.e. Allahabad Bank, Nehru Place, New Delhi and Allahabad Bank, Vasundhara, Ghaziabad for preparation of the necessary drafts/bankers cheques in favour of Chief Treasury Officer, Gautambudh Nagar, U.P. Petitioner No. 1 was issued draft No. 019641 for a sum of Rs. 1,24,10,000/- and petitioner No. 2 was issued draft No. 018564 for an amount of Rs. 1,52,02,992/-.

5. The above drafts/bankers cheques were submitted for payment of stamp duty before the Officer In charge, Treasury, Gautambudh Nagar on 26.3.2011 whereupon the petitioners were required to make an application in writing. The assistant of the counsel for the petitioners accordingly drafted two separate applications for payment of stamp duty in cash/draft/bankers cheques and for issuance of necessary certificate by endorsement. However, in submitting such applications due to some inadvertence/human error the amount of stamp duty payable by the two petitioner-companies were interchanged alongwith the drafts with the result that the Officer In charge, Treasury on 30.3.2011 issued certificate by endorsement to the effect that petitioner No. 1 had paid stamp duty of Rs. 1,52,02,992/- in place of Rs. 1,24,10,000/- and that petitioner No. 2 had paid stamp duty of Rs. 1,24,10,000/- in place of Rs. 1,52,02,992/-.

6. The petitioners on knowing about the said mistake, immediately on1st April, 2011 moved application for correction of the above certificates but as no order was passed on the same and the petitioners were orally informed that there is no provision for any such correction, they invoked writ jurisdiction of this Court making the following prayer :

(i) Issue a writ order or direction in the nature of mandamus, commanding the respondent Nos. 3 and 4 to make the necessary correction in the certificates issued under Section 10-A of the Indian Stamp Act to the effect that the name shown in the certificate annexed as Annexure No. 6 may be changed to “M/S Express Projects Pvt. Ltd.” and that in Annexure No. 7 may be changed to “M/S Rajhans Infratech Pvt. Ltd.”

(ii) Issue a writ order or direction in the nature of mandamus commanding the respondent No. 4 to decide the application of the petitioners dated 1.4.2011 and to make the necessary corrections in the certificate under Section 10-A of the Indian Stamp Act, as solicited therein.

(iii) Issue a writ, order or direction which this Hon’ble Court may deem fit and proper in the nature and circumstances of the case; AND

(iv) To award cost of the petition to the petitioner.”

7. On the writ petition being presented, the Court on 15.4.2011 permitted the learned Standing Counsel, who had accepted notice on behalf of the respondents to seek instructions in the matter or to file counter-affidavit.

8. Learned Standing Counsel on instr
































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