HARI CHAND Vs. STATE OF U P

JUDGEMENT

(1.) In proceedings under Section 33/47-A of the Indian Stamp Act an order was passed by the Additional District Magistrate (Finance and Revenue), Mathura dated 31.1Z2008 whereunder the Petitioner was held liable for payment of stamp duty, which was short paid, along with penalty.

(2.) Not being satisfied with the order, the Petitioner filed a revision under Section 56(1-A) of the Indian Stamp Act, being Revision No. 2/3/08-09. The revision, has been allowed by the Member, Board of Revenue/Chief Controlling Authority Revenue by means of an order dated 28th May, 2010 and the order of the Additional District Magistrate, demanding the short paid stamp duty and penalty has been set aside. In terms of the order so passed by the revisional authority, the Petitioner made an application for refund of the money which he had deposited under the order of the Additional District Magistrate (Finance and Revenue). Under the impugned order the Additional District Magistrate had directed refund of the money deposited by the Petitioner without interest. Hence this petition.

(3.) Counsel for the Petitioner submits that the interest is necessary corollary to the retention of the money by the State Government. It is neither penal nor compensatory in nature.