Stamp Act, 1899, Section 47A -- (as amended in State of A.P) - Stamp duty - Agreement to sell - Where agreement to sell evidences delivery of possession even prior to execution of agreement of sale, said document would have to be treated as a sale falling within ambit of Art.47-A of Schedule 1-A of the Act...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered and unstamped document - Release deed sought to be produced in evidence is unregistered and unstamped - Said document is not a record of a past oral transaction or a previous decision of Panchayat - Release deed rightly rejected for want of stamping and registration...........
Stamp Act, 1899, Section 31, 35 -- Nature of document - Deed of assignment or lease deed - Tenor, contents and background of proposed instrument reveals that it is a deed of assignment of lease and not sale - Proposed instrument is thus, a deed of assignment and that it will be chargeable in accordance with Art.63 of Scheduled 1-B of Stamp Act on basis of amount of sale..........
Registration Act, 1908, Section 17, 49 -- Unregistered and insufficiently stamped document which is compulsory registrable - Document validated by payment of deficit stamp duty and penalty - Defect of document being insufficiently stamped is cured but defect of document being unregistered is not cured - Such document cannot have any affect on immoveable property comprised..........
Stamp Act, 1899, Section 33 -- Impounding of un-stamped and un-registered document - Development agreement - Obligation of paying registration fees and stamp duty is on Unitech - Unitech's claim to compensatory payment cannot be defeated on sole ground of payment of stamp duty - Development agreement shall have to be impounded and be presented to Chief Controlling Revenue..........
Registration Act, 1908, Section 17(1A) -- Registration - Document which purports to transfer interest in a immovable property of huge amount in terms of S.53-A of Transfer of Property Act, needs compulsory registration by virtue of S.17(1-A) of the Act - Such document u/s 2(10) of Stamp Act falls under Schedule 1 of Stamp Act for which proper Stamp duty is to be levied and..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 2(10) -- Conveyance deed - Unregistered and unstamped document - Payment of part of consideration amount and handing over of possession of property is nothing but a conveyance and therefore, is governed under Registration Act as well as Stamp Act...........
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 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...........
