LAWS(BOM)-2019-7-145

NARENDRA JANARDAN PATHAK Vs. COLLECTOR OF STAMPS

Decided On July 17, 2019
Narendra Janardan Pathak Appellant
V/S
COLLECTOR OF STAMPS Respondents

JUDGEMENT

(1.) Rule, returnable forthwith. Respondents waive service. By consent of the parties heard finally.

(2.) This is a petition under Sec. 226 and 227 of the Constitution, whereby the petitioners have challenged an order dated 24 Feb. 2016 passed by the Chief Controlling Revenue Authority, Maharashtra State, Pune, on an appeal filed by the petitioners under Sec. 53(1A) of the Maharashtra Stamp Act,1958 (for short 'the Stamp Act'). The petitioners had filed the said appeal being aggrieved by an order dated 18 Dec. 2014 passed by the Collector of Stamps, Thane City, adjudicating stamp duty on the document in question titled as preliminary agreement dated 21 Feb. 2011 executed between the respondents-vendors and the petitioners-purchasers.

(3.) The Collector of Stamps in adjudicating stamp duty on this document by an order dated 18 Dec. 2014 directed that the document would fall in the category of 'conveyance' falling under Art. 25(b) of Schedule-I to the Stamp Act. The petitioners were directed to deposit a deficit stamp duty of Rs.30,00,000.00 and penalty amount of Rs.25,80,000.00.