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JAYANT BANERJI
Yogesh Kumar – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. factual background of property valuation dispute (Para 3 , 4) |
| 2. arguments regarding classification of the building (Para 5 , 6) |
| 3. interpretation of 'commercial building' definition and implications (Para 8 , 11 , 12) |
| 4. supreme court precedent on valuation of property use (Para 13 , 19 , 30) |
| 5. court's decision on property valuation process (Para 31 , 32 , 33) |
ORDER :
1. Heard Sri Arpit Agarwal, learned counsel for the petitioner and Sri Sanjay Goswami, learned Addl. Chief Standing Counsel appearing for the respondents.
2. This writ petition has been filed praying for the following reliefs:
(a) whereby quashing the impugned judgment and order dated 19.06.2017 passed by the Collector, Pilibhit (Annexure No. 8 to the writ petition) in Computerized Case No. D-2015125600679 ( State Vs. Yogesh Kumar and others ).
(b) by modifying judgment and order dated 9.3.2018 passed by the Chief Controlling Authority/Deputy Commissioner (Stamp) Bareilly Division, Bareilly/Respondent No. 2 [CCRA] (Annexure-11 to the writ petition) in Revision No. 201712001048 ( Yogesh Kumar and others Vs. State ) to the extent that part are
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 Collector must follow due process and provide notice before determining stamp duty; reliance on ex-parte inspections without evidence contravenes procedural laws.
The court ruled that valuation procedures under the Indian Stamp Act must follow due process and be supported by substantiated evidence; arbitrary enhancements without proper procedure are legally un....
Market value for stamp duty must reflect the actual rights transferred, not limited landlord interests.
Stamp duty payable on a conveyance will be in accordance with market value of subject property on date of conveyance unless consideration shown therein is more than prevailing market value.
Agreement to sell – Imposition of enhanced stamp duty and penalty – Power of Collector cannot be unduly circumscribed by ruling out potential to which land can be advantageously deployed at the time ....
Stamp duty on agricultural land cannot be evaluated at residential rates without a legal declaration, reinforcing the agricultural character despite proximity to residential properties.
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