VIRENDRA CHAUDHARI Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioner has filed this writ petition against the impugned order dated 7.8.2007, passed by the Additional Collector (Finance & Revenue), Mathura and the revisional order dated 29.3.2010, passed by the Additional Commissioner; Agra Division, Agra, determining the deficiency in stamp duty treating the instrument dated 4.7.2001 as a sale-deed.

(2.) The submission of the Petitioner is that the aforesaid instrument is an agreement of sale of immovable property without possession and therefore, the authorities have erred in charging the stamp duty on the same treating it to be a sale-deed. On an agreement or a memorandum of agreement stamp duty in accordance with Article 5 of Schedule 1-B of the Indian Stamp Act is payable. Sub-clause (b-1) of Article 5 of Schedule 1 -B of the Act provides that an agreement relating to sale of immovable property where possession is not delivered shall be chargeable to stamp duty as a conveyance No. 23 Clause (a) on half of the amount of consideration as set forth in the agreement. In other words, it provides for charging stamp duty on half of the amount of sale consideration set out in the agreement.

(3.) Admittedly the instrument in question is an agreement to transfer 2 Acres 50 Decimals of land without possession for a sale consideration of Rs. 32,000/-. Therefore, in accordance with Article 5(b-1) of Schedule 1-B of the Act, stamp duty on half of the aforesaid sale consideration i.e. Rs. 16,000/- is payable as a deed of conveyance.