CENTURY TILES Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) Heard learned advocate Mr. R.K. Mansuri for the petitioner and learned Assistant Government Pleader Mr. Hardik Mehta for the respondent State and its authorities.

(2.) The petitioner has prayed to setting aside the order dtd. 31/3/2006 passed by the respondent No. 1-Deputy Collector, Stamp Duty Department, Himatnagar, Sabarkantha and the order dtd. 26/3/2008 passed by the respondent No. 2-Chief Controller of Revenue Authority, Gandhinagar rejecting the appeal of the petitioner.

(3.) The facts in brief are that Dena Bank, Himatnagar had sanctioned a loan for an amount of Rs.11,40,00,000.00 to the petitioner-Company. In that connection, a memorandum dtd. 7/3/2005 was executed between the bank and petitioner. On the said document, stamp duty was paid under Article 6(1)(a)(i) of Schedule-I of the Bombay Stamp Act, 1958. On the basis of circular dtd. 31/7/1993 issued by the Director, Gujarat State, Gandhinagar, the respondent No. 1 took a view that the stamp duty was not proper and was deficit, therefore, issued a notice on 5/12/2005 for payment of deficit stamp duty.