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M/S S.K.S. BUILD TECH (PVT.) LTD. RAJ NAGAR GHAZIABAD versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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M/S S.K.S. Build Tech (Pvt.) Ltd. Raj Nagar Ghaziabad v. State Of U.P. And Others - WRIT - C No. 11859 of 2006 [2006] RD-AH 4721 (28 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

The question involved in this petition is regarding the stamp duty to be charged on security deposit under the provisions of Indian Stamp Act. This question has been considered in detail by a Division Bench of this Court in Writ Petition No.35096 of 2004 (M/s. Strong Construction Vs. State of U.P. & Ors.) decided on 22.03.2005 connected with 91 other writ petitions.

In view of the aforesaid decision, we direct the respondents not to compel the petitioner to pay stamp duty on security deposit in question treating it as "mortgage deed" and to charge stamp duty on such "securities" as provided under Article 57(b) of Schedule 1-B of the Indian Stamp Act.

The writ petition, therefore, succeeds and is allowed to the extent indicated above. However, it is clarified that this order is applicable only in those cases where the stamp duty is being asked on the security amount and it will not apply in any other circumstances.

Sri Pradeep Kumar Verma holding brief of Sri V.P. Mathur appears for the respondent nos.2 and 3.

28/2/2006

SB


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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