Back
JAYANT BANERJI
Furkan Mukhtar Khan – Appellant
Versus
State of U. P. – Respondent
ORDER :
1. Heard Sri Harsh Vikram, learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
2. Under challenge in the present petition is the order dated 10.5.2019, whereby the Collector, Rampur in Case No. 00271 of 2018, under Section 47A of the Indian STAMP ACT , 1899(hereinafter referred to as the Act) held that the land in question reflects residential usage and, accordingly, assessed deficiency of stamp duty and penalty. Further under challenge is an order of Collector, Rampur dated 2.9.2019, passed on an application for review of the previous order dated 10.5.2019, whereby, the order dated 10.5.2019 was modified and proportionate amount of stamp duty payable by each of the tenure holder was specified. Also under challenge is the order dated 21.1.2021, passed by the Deputy Commissioner (Stamp), Moradabad Division in an appeal under Section 56(1A) of the Act filed by the petitioner against the aforesaid orders dated 10.5.2019 and 2.9.2019, whereby the appeal was partly allowed by reducing the amount of penalty imposed.
3. The facts in brief as mentioned in the petition, are that Plot No. 400 having an area of 1.306 hectare situated in Vill
The classification of land for stamp duty must be based on actual use and verified inspections, not merely on surrounding residential activities.
The main legal point established in the judgment is the determination of stamp duty valuation based on the market value of the property on the date of the instrument and the potential use of the land....
The valuation of land for stamp duty purposes should be based on its current use on the date of execution of the deed, considering prospective use and surrounding land use.
Point of Law : Person presenting the instrument is required to disclose the nature of economic activity, industrial development, if any, prevailing in the locality where the property is situated and ....
The potential use of land at the time of sale is critical in determining stamp duty, and the burden of proof lies with the state to show that the correct duty was not paid.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
