VIMPSON PRECISION PRIVATE LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . In this group of matters, the petitioners have challenged the order dated 6/04/1992 issued by the State Government in exercise of its powers under clause (a) of Sec. 9 of the Bombay Stamp Act, 1958 (hereinafter referred to as "the Stamp Act") superseding previous Government orders including an order dated 28/03/1987 issued under Sec. 9(a), and providing for remission or reduction, with effect from 1/04/1992, of the duty payable on the instrument of mortgage deed, as defined in clause (p) of Sec. 2 of the Stamp Act, executed by any person on behalf of any industrial undertaking in favour of any of the Financial Institutions specified in Annexure 'I' and also executed by or on behalf of any of the said Financial Institutions, for securing repayment of loan advanced or to be advanced to such industrial undertaking.

(2.) . Questions involved in these petitions are : (i) from which date the order dated 28/03/1987 stands cancelled or superseded ? and (ii) whether the order dated 6/04/1992 published in the Official Gazette on 2/07/1992 could have retrospective effect from 1/04/1992 ?

(3.) . Admittedly, the order dated 6/04/1992 (Annexure "A") is published in the Official Gazette on 2/07/1992. The effect of the aforesaid order is that it supersedes the previous order dated 28/03/1987 (Annexure "B") which is published in Gujarat Government Gazette Part IV-A dated 30th April, 1987. By the order dated 28/03/1987 the Government of Gujarat had reduced with effect on and from 1/04/1987 the duty payable on the instrument of mortgage deed as defined in clause (p) of Sec. 2 of the Stamp Act executed by any person on behalf of any industrial undertaking in favour of any of the Financial Institution specified in Annexure "I" to the said order.