KASHI NATH UPADHYAY Vs. COMMISSIONER

JUDGEMENT

(1.) Petitioner purchased plot no.764/1M, 764/2M and 764/2 M and 764 M admeasuring 0.135 hectares vide instrument no.697/04 dated 6.2.2004.

(2.) The Sub Registrar, Jaunpur on 24.2.2004, reported that the property in question is surrounded by a boundary wall and approximately 2000 square ft. tin shed was standing on pillars, earlier the property was used by Mahendra Tractors for service station, the property is surrounded by residential houses, hence, the property having commercial potential, had to be valued as a commercial property, accordingly deficient stamp duty of Rs.5,74,000/- have to be recovered.

(3.) On reference, proceedings was instituted under the Indian Stamp Act 1899,(The Act) being case no.1652 of 2004, the petitioner in objection to the notice urged that the sale deed was executed for Rs.11,00,000/- lacs, the property in question being recorded as an agricultural land in the revenue records, accordingly, stamp duty @ Rs.50,000/- per decimal on agricultural land, as fixed by the Collector under the 1997 Rules was paid. The Collector called for a report from the Tahsildar, who vide report dated 11.12.2008 noted that the property in question is situated within Nagar Palika Parishad, Jaunpur, was earlier used as a godown by a tractor agency, is adjacent to the Abadi, 3 k.m from the Railway Station and presently the property has a two storey building and is being used for a Eye Clinic and residential purposes.