Family Settlement -- Unregistered - Xerox copy of unregistered family arrangement deed does not require stamp duty - Stamp duty can be collected only on original unregistered family arrangement...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 33, 35 -- Unregistered and unstamped document - Determination of appropriate stamp duty - Does not meet the requirement of registration - Even if stamp duty is paid after impounding, document is still inadmissible if it requires registration but is unregistered...........
Stamp Act, 1899, Section 35 -- Whether the statutory bar contained in S.35 of the Act applicable to instruments chargeable to Stamp Duty u/s 3 r/w Schedule to the Act, would also render the arbitration agreement contained in such an instrument, which is not chargeable to payment of stamp duty, as being non-existent, un-enforceable, or invalid, pending payment of stamp duty..........
Agreement to sell -- Validity - Stamp papers purchased in the year 1986 and agreement executed in the year 1987 - Evidence of PW1 that agreement was executed within few months of purchase of stamp papers whereas stamp paper was purchased more than a year earlier to the execution of agreement - Casts serious doubt about genuineness of agreement...........
Transfer of Property Act, 1882, Section 54 -- Sale of house, measuring 220 Sq. Yards, with description of four room - There are in fact ten rooms in the house - Plea that only four rooms were sold - Held, mere non disclosure of all the rooms attracts evasion of stamp duty but it cannot be said that entire house was not transferred by sale deed when it is evident that..........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Article 47A -- Stamp Act, Explanation I Schedule I - Agreement to sell - Non possessory agreement of sale - Agreement does not fall within scope of Schedule I, Art.47-A, Explanation I of Stamp Act, 1899 - Impugned order that non-possessory agreement of sale cannot be received in evidence set aside...........
Stamp Act, 1899, Section 40 -- Insufficiently stamped document - Imposition of 10 times penalty by Collector - It is only in very extreme situation that penalty needs to be imposed to the extent of ten times...........
Stamp Act, 1899, Section 40 -- Insufficiently stamped document - Imposition of 10 times penalty by Collector - Cannot be based on mere factum of evasion of duty - Reasons such as fraud or deceit in order to deprive Revenue or undue enrichment are relevant factors to arrive at a decision as to what should be the extent of penalty...........
Stamp Act, 1899, Section 40 -- Insufficiently stamped document - Imposition of 10 times penalty by Collector - Not the case of Collector that conduct of appellant was dishonest or contumacious - Reason given that there was intention to evade stamp duty in describing the document as Deed of Assent - It is not a case of imposition of extreme penalty of ten times of..........
Stamp Act, 1899, Section 40 -- Deficient stamp duty - Trust was liable to pay stamp duty and penalty - Trust paid stamp duty but failed to pay penalty - Property transferred by Trust to appellant - Appellant being subsequent purchaser liable to deposit amount of penalty, which was outstanding against property - Facility to deposit penalty by post dated cheques cannot be..........
