Stamp Act, 1899, Section 47A(4A)(as -- Deficient stamp duty - Charging of interest - Liability to pay interest introduced in S.47-A of the Act through amending Act of 2002 - On date of execution of instrument there was no such provision for payment of interest on deficiency of stamp duty - Demand of interest cannot be placed upon petitioner from date anterior to date of..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Conveyance deed - Determination of market value - When there is no scope for entertaining doubt with regard to value mentioned in conveyance deed, S.47-A of the Act cannot be invoked by registering authorities...........
Stamp Act, 1899, Section 47A, 33(5) -- Second proviso (As in U.P.) - Sale deed - Proceedings for deficiency of stamp - Limitation to initiate the proceedings is 4 years as per Ss.47-A, 33(5) of the Act - However, maximum period is 8 years during which State Government can give permission for initiation of proceeding in the matter - In the instant case, 8 years period..........
Stamp Act, 1899, Article 47A -- Agreement to sell - No recital as to delivery of possession - Agreement does not fall within the mischief of S.47-A of the Act - However, possession delivered, vide a letter executed by defendant in favour of plaintiff pursuant to agreement to sell - Held, letter falls under Article 47-A of the Act because delivery of possession was effected..........
Stamp Act, 1899, Section 47A -- Stamp duty - Penalty - No finding was given by Collector that any deliberate attempt was made by petitioner for evading stamp duty - Every error is not punishable unless it is deliberate - Penalty imposed liable to be set aside, as intention to evade stamp duty was not proved...........
Stamp Act, 1899, Section 47A -- Stamp Duty - Lease deed - Rent and future rent consideration for the lease - Held, it is the amount of lease rent on which stamp duty is chargeable...........
Stamp Act, 1899, Section 47A -- Lease deed - Recovery of maintenance charges - Cannot be initiated u/s 47-A of the Act, as Art.35(c)(ii) Sch.1-B of U.P. Stamp Act does not mention any charge relating to maintenance of property in question - Impugned order of recovery of maintenance charges, held, beyond purview of S.47-A of the Act and are without jurisdiction, therefore,..........
Stamp Act, 1899, Section 47A -- Stamp deficiency - Limitation for initiating proceedings u/s 47-A of the Act is 4 years, which may be extended beyond 4 years up to period of 8 years, if permission is given by State Government - But there is no provision for further extension of said period of 8 years, whether such permission is granted within 4 years or within a period of..........
Stamp Act, 1899, Section 47A(2A) -- Stamp duty - Market value - To be assessed on the basis of nature of property as on the date of execution of sale deed - Intended use of property in future cannot be made basis for assessment of its market value - Since land was purchased in residential colony, thus, under no circumstances, said property can be treated as commercial..........
Stamp Act, 1899, Article 47A -- Stamp duty - Agreement to sell - Agreement containing a specific recital of delivery of possession or indicating delivery of possession even in past, is liable for stamp duty as a sale u/art 47-A Explanation of the Act - However, if there is no such recital of delivery of possession in the agreement, it is not liable for stamp duty...........
