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2013 DIGILAW 1984 (ALL)

Masters Spinning India Pvt. Ltd. , Delhi v. Collector, Haridwar

2013-07-31

C.C.R.A., SUNEEL KUMAR MUTOO

body2013
Suneel Kumar Mutoo, C.C.R.A. — Masters Spinning India Pvt. Ltd. Delhi has preferred this revision against the older dated 26th June, 2006 passed by Assistant Collector, Roorkee under section 47-A of The Indian Stamp Act determining deficiency in stamp duty paid by the revisionist on the instrument of conveyance executed by him, which was registered by the Sub Registrar Roorkee on 9th March, 2005 and imposing penalty thereon. 2. The revisionist claims that the order passed by Assistant Collector, Roorkee was passed behind his back and he came to know of the order only when informed about it by an official of the Tehsil Roorkee. However, on examination of the case file, it is found that notice was duly served upon the revisionist and he chose not make an appearance in the proceedings before the Assistant Collector, Roorkee. 3. The revisionist contends that stamp duly on the instrument of conveyance executed by him has been levied by the Assistant Collector, Roorkee on the basis of circle rate notified by the Collector, Haridwar on 24th May, 2005 whereas the deed in question was executed on 9th March, 2005 and stamp duly was paid on the instrument as per circle rate in force at that time. It is noticed from the deed executed by the revisionist that the land purchased by the revisionist was notified as industrial land qualifying for the Concessional Package notified by the Central Government, but, it is true that al the lime the land was purchased and the deed of conveyance executed, the circle, rate did not prescribe a different rate for agricultural land notified by the Government as eligible for setting up of industries to avail themselves of the Concessional Package. The fact that the revisionist was found to be constructing a factory building after purchase of the land is of no consequence as the value of the land for purposes of levy of stamp duty has to be adjudged based on the situation of the land at the time of execution of the deed of conveyance on which the stamp duty has been paid. 4. 4. Having found that the stamp duty paid by the revisionist is as per the circle rate prevalent at the time of the execution of the deed of conveyance and noticing that the Assistant Collector, Roorkee has assessed stamp duty deficiency based on the valuation of the land as suggested by the order dated 24th May, 2005 of the Collector, Haridwar and that the Assistant Collection has taken cognizance of developments in the land in question after the date of execution of the instrument on which stamp duty was paid, the order of Assistant Collector, Roorkee dated 26th June, 2006 passed in Case No. 45/2005 under section 47-A of the Indian Stamp Act is struck down. Consequently, the revisionists need not pay any further stamp duty or penalty since the proper stamp duty was paid on the instrument executed between the parties. Revision Allowed. _____________