ASHOK KUMAR Vs. CHIEF CONTROLLING REVENUE AUTHORITY

JUDGEMENT

(1.) The two petitioners are brothers. They have purchased a piece of land from one Smt. Chandrakanta vide sale deed dated 19.12.02 for consideration of Rs.2.90 lacs but for the purposes of payment of stamp duty its market value was disclosed as Rs.31,73,920/-and stamp duty paid accordingly.

(2.) On the said land there existed a six storied hotel building but the building was excluded from the sale as the vendor had no right in the building.

(3.) The Collector in exercise of his powers under Section 33/47A of the Indian Stamp Act, 1899 (hereinafter referred to as Stamp Act) held that the transfer of the land by the aforesaid sale deed included the transfer of the building and as such determined the market value by adding the value of the building to that of the land. Accordingly, deficiency in stamp duty was determined. The order of the Collector has been upheld by C.C.R.A. in appeal.