Court No. - 33 Case :- WRIT - C No. - 38011 of 2010 Petitioner :- M/S Mobile Mantra Respondent :- State Of U.P. And Another Petitioner Counsel :- Amit Kumar Chaudhary Respondent Counsel :- C.S.C.,K.R. Sirohi Hon'ble Pankaj Mithal,J.
Heard Sri K.R. Sirohi, Senior Advocate assisted by Sri Amit Kumar
Chaudhari learned counsel for the petitioner and the learned Standing counsel.
The challenge is to the orders dated 21.9.2009 and 26.3.2010 passed under
Section 47A of the Indian Stamp Act determining the deficiency in payment
of stamp duty on the lease deed in question.
The submission of the learned counsel for the petitioner is that the lease deed
is for a period of 9 years but as the same has not been registered it does not
transfer any right and as such would not be chargeable to stamp duty. It has
further been argued that even if the lease deed is chargeable to stamp duty,
since it is an unregistered document it will deem to be a lease on month to
month basis as per Section 106 of the Transfer of Property Act and therefore
stamp duty in accordance with Article 35 of Schedule 1 B of the Stamp Act
shall be payable whereas the respondents have levied stamp duty by treating
the lease for a period of 9 years.
Learned Standing counsel prays for and is allowed a month’s time for filing
counter affidavit. Two weeks thereafter are allowed to the petitioner for filing
rejoinder affidavit.
List thereafter.
Until further orders of this Court, the operation of the impugned orders dated
26.3.2010 and 21.8.2009 shall remain stayed provided the petitioner deposits
half of the deficient stamp duty so determined within a period of one month
from today and furnishes security for the balance amount other than cash and
bank guarantee which shall be kept in a separate account and be invested in a
fixed deposit with a Nationalized Bank initially for a period of one year
subject to renewal, if necessary. The amount already deposited before the
authority below shall be given adjustment.
In the event of default in depositing the aforesaid deficient stamp duty and
furnishing security within the time stipulated, the stay order shall
automatically come to an end.
Order Date :- 3.7.2010
SKS