SONY MONY ELECTRONICS LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition challenges an order dtd. 14/8/2012 passed by respondent no.2 under Sec. 53A of the Bombay/Maharashtra Stamp Act, 1958 (hereinafter referred to as the 'Stamp Act ') whereby a sum of Rs.8,21,000.00 is demanded on account of deficit stamp duty on the instrument dtd. 15/12/2003. The petition also challenges order dtd. 21/8/2015 passed by respondent no.2 pursuant to the directions given by this Court.

(2.) In the impugned order dtd. 14/8/2012, reference was made to an audit report and the valuation report sought by respondent no.2 from the Joint Director, Town Planning, Valuation without the copy of the same being given to the petitioner. Therefore, vide order of this Court dtd. 15/4/2015, the respondents were directed to give a copy of the valuation report and after hearing, the petitioner were directed to pass appropriate orders. Pursuant thereto, respondent no.2 vide his order dtd. 21/8/2015 passed the order confirming his earlier order dtd. 14/8/2012 and the said order is also a subject matter of challenge in the present petition.

(3.) On 2/12/2003, pursuant to the petitioner lodging agreement for sale for adjudication, a certificate under Sec. 32(1)(b) of the Stamp Act was issued accepting the valuation specified in the agreement and determining stamp duty of Rs.16,59,950.00 under Article 25(b) of the Schedule to the Stamp Act.