SHEEL MOHAN BANSAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sanjay Goswami, learned counsel appearing on behalf of the petitioner and Sri Siddharth Singh, learned Standing counsel for the State respondents.

(2.) This is a petition under Article 226 of the Constitution of India, wherein the petitioner assails the order dated November 18, 2022 passed by respondent no.2 and the order in Appeal dated March 13, 2023 passed by respondent no.3. By virtue of these orders, the authorities have claimed additional stamp duty with regard to a gift deed of a plot of land in question on the ground that the potential of the land would increase the market value of the land. Further ground has been enumerated stating that within 200 meters of land in question there are residential areas as well as within 50 meters there is a petrol pump. CONTENTIONS OF THE PARTIES

(3.) Sri Sanjay Goswami, learned counsel appearing on behalf of the petitioner has submitted that the instrument in question being a deed of gift, the entire proceedings that have been initiated by the authorities under Sec. 47-A (3) of the Indian Stamp Act, 1899 (hereinafter referred to as "the Act") is without any basis in law. He has submitted that the authorities concerned does not have the power under Sec. 47-A of the Act to reassess the stamp duty paid by the petitioner on the grounds that duty would be chargeable on the market value of the property. To buttress his arguments, he relies on the judgements in the matter of Sumit Gupta v. State of U.P. and Others reported in 2011 (3) ADJ 712; Vijay Kumar vs. Chief Controller, Board of Revenue and others reported in [2017 (136) RD 364] and Sai Janseva And Another v. State of U.P. And 4 Others (decided on February 7, 2024 in Writ - C No.5185 of 2022 [Neutral Citation No. - 2024:AHC:21964]) and submits that in the case of gift deed, the 'value of the property' is required to be taken and not the 'market value'. He has emphasized the fact that under Article 33 of the Schedule 1- B of the Act, the description of the instrument wherein a gift is given the proper stamp duty is required to be paid for a consideration equal to the 'value of the property'.