D. K. JAIN Vs. C. S. AGARWAL

JUDGEMENT

(1.) The present four Appeals, FAO(OS) 147/2016, FAO(OS) No. 148/2016, LPA No. 306/2016 and LPA 308/2016, assail the correctness of a common judgment dtd. 15/3/2016 passed by learned Single Judge in CS(OS) No. 2439/2009 & connected matters [hereinafter referred to as ,,Impugned Order], whereby the learned Single Judge set aside two orders of the Collector of Stamps determining the stamp duty and penalty payable on two Agreements to Sell dtd. 11/3/2008 executed by the vendors in favour of the present Respondents.

(2.) Since all four Appeals arise out of the same factual matrix, involve substantially the same parties, and impugn the same Impugned Order, they have been heard together and are being disposed of by this common judgment.

(3.) The central issue which arises for consideration in this batch of Appeals is whether the Respondents, namely Mr. C.S. Agarwal and Ms. Kavita Agarwal, were liable to pay stamp duty (along with penalty) on the basis of (i) the Agreement-cum-Possession Letters dtd. 7/8/2006, read conjointly with (ii) the Agreements to Sell dtd. 11/3/2008. The controversy turns on whether these documents, when examined together in their true legal effect and substance, constitute a transaction falling within the ambit of Article 23A of Schedule I-A of the Indian Stamp Act, 1899 (as applicable to Delhi), thereby attracting stamp duty on an "agreement to sell accompanied by delivery of possession."