MOHAN LAL SAREEN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sandeep Agrawal, learned Counsel for the Petitioner and learned Standing Counsel for the Respondents. The pleadings of the parties have also been perused.

(2.) Under challenge in the present writ petition are the orders dated 22.09.2006 passed by the Additional Collector (Finance & Revenue) and the appellate order thereof dated 01.10.2008 passed by the Commissioner, Meerut division Meerut.

(3.) The Additional Collector (Finance & Revenue) vide order dated 22.9.2006 held that as the Petitioner continued in possession even after 11 months in pursuance of the lease deed in view of the renewal clause the lease is for a period of five years and as such chargeable to stamp duty under Article 35(a)(2) of Schedule 1B of the Act which provides for levy of stamp duty same as a conveyance (No. 23 Clause (a), for a consideration equal to three times the amount or value of the average annual rent reserved). Accordingly, the deficiency in stamp duty of Rs. 2,06,950/- was determined and a penalty of Rs. 20,700/- was imposed. The aforesaid deficiency along with 1.5% interest per annum from the date of lease deed till its actual payment was also directed to be paid. The Petitioner's appeal under Section 56 of the Stamp Act to the Commissioner, Meerut division Meerut was also dismissed upholding the order of the Additional Collector (Finance & Revenue).