AMARSINHJI STATIONERY IND LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appeal is directed against the decision of the Learned Single judge in Special Civil Application No. 1172/2008 dated 25. 6. 2008 by which the Learned Single Judge was pleased to dismiss the petition filed by the appellants herein.

(2.) SHORTLY stated, facts of the case are as follows ; appellant No. 1 and appellant No. 2 entered into an agreement dated 29. 6. 1981 through which they agreed inter-alia for : i) lease of partition of land belonging to appellant No. 1; ii) sale of plant and machinery etc of appellant No. 1 in favour of appellant No. 2 for a sum of Rs, 56 lakhs. iii) sale of part of and of appellant No. 1 for. a sum of Rs. 22. 50 lakhs.

(3.) ON the next date, the parties entered into a registered sale deed for sale of part of the land mentioned in clause (iii) above for sum of Rs. 22. 50 lakhs. Document was properly stamped considering the sale price of land in question. On 03. 10. 89, Deputy Collector, Stamp Duty, rajkot issued a show cause notice to the appellants stating inter-alia that on the sale deed dated 30. 6. 1981, proper stamp is not affixed. It was further stated that considering the agreement dated 29. 6. 1981, the sale deed dated 30. 6. 1981 conveyed not only the land but also the plant and' machinery which was valued at Rs. 64,30,000/- and therefore, proper stamp was not affixed in the document dated 30. 6. 1981.