AMARJEET SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In respect to Instrument No. 2319 of 2008 proceedings for determining deficiency in stamp duty were initiated. Petitioner expressed willingness to deposit the deficiency provided no interest is levied. However, the Collector Moradabad vide order dated 15.11.2010 determined the deficiency and refused to waive the interest.

(2.) Against the aforesaid two orders the present writ petition has been filed only on the ground that as the Petitioner has willingly deposited deficiency in stamp duty the interest directed to be charged be waived.

(3.) Section 47(4-A) of the Indian Stamp Act, 1899 mandates the Collector to demand simple interest @ one and a half percent per mensem on the amount of deficient stamp duty and the interest is payable from the date of execution of the instrument till the date of actual payment of the deficient stamp duty.