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AJIT KUMAR
Yogendra Kumar Kushwaha – Appellant
Versus
Collector – Respondent
JUDGMENT :
(Ajit Kumar, J.)
1. Heard Sri Vedant Agarwal, learned Advocate holding brief of Sri Rahul Agarwal, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
2. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the notice issued by the Collector/Collector Stamp, Agra under the Indian Stamp Act, 1899 taking recourse to the provisions contained under Section 47A(2) of the said Act acting upon a reference made to him by Sub-Registrar, Agra dated 01.05.2019.
3. It is contended that the deed of transfer of interest of compensation has been taken to be a deed of conveyance as to immovable property and interest therein within the meaning of Entry 23 of Schedule I of the Stamp Act to find the petitioner prima facie guilty evading requisite stamp duty.
4. Sri Vedant Agarwal has placed before the Court the relevant provisions as contained under Section 2(10) of the Stamp Act, 1899 which defines "conveyance" and submits that the legislature has intended the word and expression "transferred" to be a factor falling within the definition of conveyance and, therefore, he submits that since the deed in questio
A deed transferring only interest in compensation does not constitute a conveyance of immovable property under the Indian Stamp Act, thus the authority exceeded its jurisdiction in issuing a notice.
In Court-ordered sales, stamp duty applies only to the sale consideration, not to market value, as established by the Transfer of Property Act.
The court ruled that a development agreement can be classified as a conveyance for stamp duty purposes if it transfers substantial rights and interests in property, emphasizing the importance of the ....
The main legal point established in the judgment is the distinction between 'gift' and 'lease' under the Stamp Act and the applicability of stamp duty on the transfer of leasehold rights, which was h....
The executed document qualifies as an instrument under S.2(14) of the Indian Stamp Act, 1899, thus, liable for stamp duty.
A trust property transfer between trustees is governed by Article 62(e) of the Indian Stamp Act, which minimizes applicable duties.
A triangular property exchange among three parties can still be categorized as an exchange under law, provided mutuality exists, and stamp duty is computed based on the higher-valued property.
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