STATE OF KERALA Vs. RAMAKRISHNAN SUNIL BABU

JUDGEMENT

(1.) (i) Is a certificate of sale issued pursuant to a sale under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short, SARFAESI Act) liable to stamp duty?

(2.) In Sub Registrar, Sub Registrars's Office, Ernakulam and Anr v. C.M. Nadirsha and Anr (AIR 2009 Ker 130), a Division Bench of this Court answered both in the affirmative. However, in The Revenue Divisional Officer and Ors v. Thomas Daniel and Others [2025 (4) KLT 534], another co-ordinate bench answered both in the negative. This has lead to the reference.

(3.) We had the benefit of the exhaustive arguments addressed before us by Sri.Mohammed Rafiq, the learned Special Government Pleader (Taxes), Sri.S.Sreekumar, the learned senior counsel, Adv. Sri.Varghese Parambil, Adv. Sri.Sajeev Kumar K. Gopal, Adv. Sri. Mohan Jacob George and Adv. Sri.Gopikrishnan Nambiar, in addition to the compilations of materials provided.