KAMAL ARORA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The brief facts leading to the filing of the writ petition are that in pursuance to the auction proceedings, which was conducted by the Official Liquidator, the petitioner was auction purchaser of the property, by virtue of the sale deed executed in his favour on 3rd October, 2008. The sale consideration which has exchanged hands, as a consequence of the sale deed dated 3rd October, 2008, was 5,26,00,000/-. Whereas, as per the market value settled by Collector, sale consideration would have been Rs.3,14,94,000/-, meaning thereby, Rs.2,11,46,000/- excess sale consideration paid by petitioner more than the market rate. Thus, the petitioner was entitled for rebate of 5% on the excess amount of Rs.2,11,46,000/-, which as per the petitioner, was settled to be Rs.9,91,570/- In accordance with the stamp duty which was paid, it is the case of the petitioner that he has remitted a sum of Rs. 47,34,000/- as a stamp duty. Out of which, he contends that he has remitted an amount of Rs. 41,34,000/- as cash and the remaining amount of Rs.6,00,000/- by virtue of stamp papers. However, the Collector, Stamp by invoking Section 33 read with Section 38 of the Indian Stamps Act, by virtue of its order dated 15th October, 2008, has impounded the sale deed and referred the matter.

(2.) On conclusion of the reference, it was held out that the document executed on 3rd October, 2008, will amount to be a sale deed and will fall to be within Article 23 and it would not be treated as to be a sale certificate so as to bring it within Article 18 of the Stamp Act. Merely because of the fact that the Official Liquidator has auctioned the property in favour of the petitioner, it will not be treated as to be sale certificate.

(3.) Accordingly, it was held that the petitioner would be liable to pay the stamp duty as payable against the sale deed @ 9% and not @ 13.5 % which was being levied on the sale certificate at the relevant time.