PECHITTI RAMAKRISHNA Vs. NEKKANTI VENKATA MANOHARA RAO

JUDGEMENT

(1.) Heard Mrs. Rama representing Sri V.L.N.G.K. Murthy, the counsel for the revision petitioner and Sri Lakshmana Sarma, the counsel representing the respondents.

(2.) The short question in controversy between the parties is whether the agreement of sale dated 24-08-1998 is properly stamped or not and whether it is liable for stamp duty and penalty as per the provisions of Article 6 of Schedule 1 -A of the Indian Stamp Act, 1899 (for short 'the Act') as amended by A.P. Act 21 of 1995. The agreement of sale in question dated 24-08-1998 is in relation to the sale of vacant site. The said document is reduced into writing on a stamp paper worth Rs. 50/- The question now being in controversy is that inasmuch as this agreement of sale falls under Article 6(B) of Schedule 1 -A of the Act as substituted by A.P.Amendment Act 21 of 1995, the stamp duty is payable as specified in column No. 2. Yet another objection is that even otherwise the agreement of sale in question would fall under Article 6(C) of Schedule 1-A of the said Act which deals with 'in any other case'. Hence, the objection is that in any event the document in question is insufficiently stamped and hence the same is liable for the stamp duty and penalty and unless the same is paid the said agreement of sale cannot be looked into for any other purpose. Article 6(A)(iii) deals with a case where the value exceeds Rs. 20,000/- but does not exceed Rs. 50,000/- and the stamp duty payable specified on such an Agreement or Memorandum of an Agreement in column No. 2 is Rs. 50/-.

(3.) The counsel representing the revision petitioner had placed reliance on Statement of Objects and Reasons in relation to Andhra Pradesh Apartments (Promotion of Construction & Ownership) (Amendment Bill, 1993) and had submitted that the Article 6(B) of Schedule 1-A of the Act is a specific provision which is not applicable to the agreement in question. It is also stated that in any other case specified in Art. 6(C) of Schedule 1-A of the Act would be a case not falling under either A or B of Article 6 of Schedule 1-A of the Act. It may be appropriate to have a look at Article 6 of Schedule 1-A of the Act which reads as hereunder: