NARENDRA DHARMSHBHAI MAPARA Vs. CHIEF CONTROLLING REVENUE AUTHORITY

JUDGEMENT

(1.) The common questions which are referred in these three References are (1) whether "instrument" termed as agreement to sell is in the nature of an agreement liable to stamp duty of Rs. 10.00 under Art. 5(h) of Schedule I to Bombay Stamp Act, 1958, hereinafter referred to as "Stamp Act", and (2) whether it is a "conveyance" for the total consideration mentioned in the document and is liable to stamp duty as provided under Art. 27 (new Art. 20) of Schedule I to the Bombay Stamp Act, 1958. Statement of the case :

(2.) It is stated that for purchase of flats the instruments termed as agreements were executed between City Construction and Development Corporation, Ranjit Towers, Lal Bungalow Circle, Jamnagar, and different purchasers of the flats who were referred as buyers. The said agreements for the purchase of flats which were to be constructed in a building known as 'Ranjit Towers" situated at Jamnagar were registered in the Office of Sub-Registrar, Jamnagar, on various dates between 1977 and 1978 by affixing adhesive stamp of Rs. 5.00 or Rs. 10.00.

(3.) During the audit of the Sub-Registrar's Office, Jamnagar, the Accountant General Office raised the objection that in Jamnagar many documents were executed for the transfer of flats of Ranjit Towers by paying the full amount of consideration and by handing over possession, still the instrument titled as an agreement was executed with intent to evade stamp duty. The said document is chargeable with stamp duty under Sec. 5 of the Bombay Stamp Act. The Sub- Registrar, Jamnagar, agreed with the said audit objection and forwarded the photo copy of the agreements under Sec. 37 of the Stamp Act to the Collector (Stamps), Rajkot for taking further suitable action in the matter.