Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1983)6ITD417(Delhi)
..... submitted that the stamp duty with reference to a document had to be charged as per order of adjudication of the collector of stamps on a reference under section 31/32 of the indian stamp act, 1899 ..... point in issue is whether there has been any 'transfer' of the property known as 1, south end road, new delhi, within the meaning of that term as defined under section 2(47), and if there has been any transfer of the said property, then, what is the date on which the transfer took place.the term transfer used in section 12b of the 1922 act was not specifically defined but in mangalore electric supply co ..... 1979] 120 itr 49 (sc), wherein it had been held that no transfer of an asset takes place when there is distribution of capital assets on the dissolution of the firm.39 ..... counsel for the assessee submitted that according to the aac, the transfer of the property at 1, south end road, new delhi, took place on 23-9-1972, the date when the deed of disclaimer was executed ..... . section 230a which places restrictions on registration of transfers of immovable property in certain cases cannot also be allowed to be flouted and we certainly do not accept the revenue's suggestion that, without obtaining a tax clearance certificate from the ito, property of the ..... learned counsel for the revenue proceeds on the basis that both the deeds dated 9-6-1972 and 23-9-1972 should be read together and it should be held that the transfer of the aforesaid property took place when the deed of disclaimer was executed on 23-9-1972 .....
Tag this Judgment!Court : Delhi
..... /div.com/hq/2014/191 (land revenue notification) dated 04.08.2015, in exercise of the powers conferred under sub-section 3 of section 27 of the indian stamp act, 1899 and rule 4 of the delhi stamp (prevention of under-valuation of instruments) rules, 2007 reducing the minimum rates for valuation of agricultural lands in delhi. ..... (c) 7934/2015, 232(2016) dlt196 the principal challenge to the aforesaid notification was on the ground that the decision of council of ministers was not placed before the lieutenant governor, delhi for his concurrence/views and was therefore, illegal and unconstitutional. ..... (81) drj186in support of his contention that even if section 52 of the indian stamp act, 1899 (hereafter stamp act ) was not attracted, the refund of the excess stamp duty paid could be granted.6. 7. ..... section 52 of the indian stamp act, which provides for refund of stamp duty in certain cases reads as under:-""52. ..... it is in the aforesaid context that the court held as under:-" further as noticed earlier dehors the applicability of section 52 of the act, stamp duty collected without authority of law cannot be retained in terms of article 265 of the constitution of india in the absence of any statutory provision requiring refund application to be submitted within a specified period or prohibiting the refund unless made .....
Tag this Judgment!Court : Delhi
..... /div.com/hq/2014/191 (land revenue notification) dated 04.08.2015, in exercise of the powers conferred under sub-section 3 of section 27 of the indian stamp act, 1899 and rule 4 of the delhi stamp (prevention of under-valuation of instruments) rules, 2007 reducing the minimum rates for valuation of agricultural lands in delhi. ..... (c) 7934/2015, 232(2016) dlt196 the principal challenge to the aforesaid notification was on the ground that the decision of council of ministers was not placed before the lieutenant governor, delhi for his concurrence/views and was therefore, illegal and unconstitutional. ..... (81) drj186in support of his contention that even if section 52 of the indian stamp act, 1899 (hereafter stamp act ) was not attracted, the refund of the excess stamp duty paid could be granted.6. 7. ..... section 52 of the indian stamp act, which provides for refund of stamp duty in certain cases reads as under:-""52. ..... it is in the aforesaid context that the court held as under:-" further as noticed earlier dehors the applicability of section 52 of the act, stamp duty collected without authority of law cannot be retained in terms of article 265 of the constitution of india in the absence of any statutory provision requiring refund application to be submitted within a specified period or prohibiting the refund unless made .....
Tag this Judgment!Court : Delhi
..... before proceeding further, it would be relevant to refer to the section 47a of the indian stamp act, 1899, which is set out below:-"that the value of 47a. ..... present petition impugning an order dated 16.03.2018 (hereafter the impugned order ), passed by the court of the additional district judge, south-east district, saket courts, new delhi, rejecting the petitioner s appeal preferred under section 47a(4) of the indian stamp act, 1899 (hereafter the stamp act ).2. ..... no doubt, the concerned collector has ample power to determine the market value of a property sought to be registered for the purpose of determining its valuation for charging stamp duty as per section 47a of the indian stamp act, which includes the power to hold an enquiry. ..... (1) on receipt of reference under sub-section (1) of section 47-a, the collector shall serve on the person or persons concerned, a notice in form b, requiring him on a date and at a place to be specified therein, either to attend in person or through an authorized agent, to produce or to cause to be produced any evidence on which such person or persons may rely in his or their support. ..... (1) if the appeal is not summarily rejected, the appellate authority shall fix a day and place for hearing the appeal and may, from time to time, adjourn the hearing. ..... none of the parties placed on record any such rulesmade under the said act. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi219
..... release deed dated 15th of february, 1956'(5) the said instrument was presented for registration on 29th may, 1962, and was impounded on the same date by the registration authorities under sections 33 and 38 of the indian stamp act, 1899 (act ii of 1899). ..... (16) we have already expressed our view that in the context of the provisions in section 57 of the indian stamp act, a writ of mandamus can be issued by the high court even though the revenue-authority was nto moved ..... nto turn into a gift deed which attracts stamp duty under item 33 in schedule 1 of the act, that it was a substantial question of law, and that it was a fit case in which a direction in the nature of mandamus should be issued to the second appellant, the chief controlling revenue-authority, requiring the said authority to refer the case, with its opinion thereon, to the high court under sub-section (1) (b) of section 57 of the indian stamp act. ..... 21st august, 1964, directing that writ in the nature of mandamus be issued to the second appellant, chief controlling revenue authority for delhi state, to state a case under sub-section (1) of section 57 of the indian stamp act, in writ petition c. w. no. ..... court might insist in particular circumstance of those cases, on the fulfillment of the requirements in section 45 of the specific relief act, the same should nto be insisted upon as a general rule in every case, and thereby place a limitation on the enlarged jurisdiction of the court under article 226 of the constitution. .....
Tag this Judgment!Court : Delhi
..... 6 has drawn our attention to article 32(b)(ii) of schedule i of the indian stamp act, 1899, wherein the stamp duty payable on an instrument imposing a further charge on mortgaged ..... compulsory.- (1) the following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, act no, xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely:- (a) xxx xxx xxx (b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, ..... and things and execute all such documents, declarations and forms as may be required to record/create the pledge under the depository system as per the provisions of the depository act, 1996 and the regulations framed by the securities exchange board of india (sebi) and/or the byelaws of the concerned depository and to do everything required to create an effective pledge in favour of the lender, as security ..... injunction. in this regard, placing reliance on section 41(g) of the specific relief act, 1963, it is urged that the plaintiff is disentitled to injunction against a breach of contract, if has ..... defendants attempts were in not giving full information to the plaintiff, and suppressing complete information in the process delaying entire progress and trial of the suit. ? .....
Tag this Judgment!Court : Delhi
..... capital territory of delhi (gnctd) has made this reference under section 57 of the stamp act, 1899 seeking a decision on the following issue: whether the notification no.13 of 25-12-1937 extending benefit of remission in stamp duty in case of subsidiary companies as applicable in the then province of delhi has any continuous validity and applicability in view of notification no.gsr894dated 30-09-1958 by which the central government extended the indian stamp (punjab amendment) act, 1958 replacing the previous and then prevalent ..... 1937, issued in exercise of powers under clause (a) of section 9 of the stamp act remission was granted in respect of the stamp duty chargable under articles 23 (conveyance) and 62 (transfer) of schedule-i of the stamp act on the instruments evidencing transfer of property between companies limited by shares, if 90% of the issued share capital of the transferee company was in the beneficial ownership of the transferor company or where transfer took place between a parent company holding 90% and a subsidiary company or ..... , 1937, also issued in exercise of powers under section 9(a) of the stamp act, remission was granted in respect of duty chargeable in the province of delhi on instruments evidencing transfer of properties between companies limited by shares where, 90% of the issued share capital of the transferee company was in the beneficial ownership of the transferor company or where transfer took place between a parent company holding 90% and a o. .....
Tag this Judgment!Court : Delhi
..... the respondent preferred an appeal under section 47a(4) of the indian stamp act as applicable to delhi to the district court and the learned additional district judge, vide the impugned judgment has allowed the appeal and held the stamp duty payable on the sale deed to be only the remaining 0.3% stamp duty of what was left after paying the stamp duty on the agreement to sell ..... the present petition, the petitioner seeks direction directing the respondents to allow the petitioner to have the conveyance deed executed by paying the stamp duty @ 0.5 % (balance of then existing stamp duty of 8% on the conveyance deed) under article 23 of the scheduled a of the indian stamp act, 1969 on the sale consideration of 7,20,00,000/-. w.p. ..... 9 of 15 sharma wife of the respondent and since at the time of agreement to sell, possession of the property was delivered to the purchaser in part performance of the agreement to sell, in accordance with article 23a of the schedule to the stamp act as applicable to delhi and out of 6% stamp duty leviable on a conveyance, stamp duty of 5.7% was paid on the agreement to sell accompanied with delivery of possession in part performance. ..... though section 33(1) undoubtedly empowers every person in charge of a public office and which would include the sub-registrar, to impound a document chargeable with stamp duty and produced before and the said section 33 is placed in chapter-iv of the stamp act covered by section 56(1) but the same remains a general provision .....
Tag this Judgment!Court : Delhi
..... the said sale deed could not be impounded under section 33 of the indian stamp act, 1899 (the act) as such a recourse is not available to the registering authority in such ..... 9243/2018 page 1 of 10 section 33 of the indian stamp act, 1899 (hereafter referred to as the act ).2. ..... order to address the mischief of avoiding payment of stamp duty by under- valuing the property or incorrectly setting forth the consideration in the instrument for sale of an immovable property, by virtue of the indian stamp (delhi second amendment) act, 2001, section 47a was introduced in the act, as applicable to delhi. ..... the document/instrument (instead of returning the same the parties) with endorsement of registration and forward the same to the collector of stamps for determination of value or consideration as the case may be and the proper duty payable thereon; and to d) the collector thereafter shall proceed in accordance with law including section 27 of the stamp act. 13. ..... , even according to the respondents, the registering authority is required to register the document and follow the procedure prescribed under section 47a of the act, in the event the parties choose not to modify the instrument and pay the stamp duty as per prevailing circle rates. ..... that the value or the consideration for the sale of the property has not been correctly set forth in the sale deed, he is required to register the sale deed and make a reference to the collector of stamps in terms of section 47a(1) of the act.16. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi228
..... (a) section 27 of the indian stamp act, 1899, as in force in delhi shall be read as if it specifically required the particulars to be set forth separately in respect of property situated within and without delhi; (b) section 64 of the said act shall be read as if it referred to the corporation as well as the government. ..... as per bye-law 3 the transfer duty shall be paid to the registrar along with the duty imposed by the indian stamp act, 1899, on the instrument relating to the transfer bye-law 4 commands the registrar to refuse to register any instrument in respect of which the transfer duty is not paid. ..... (2) the said duty shall be levied (a) in the form of a surcharge on the duty imposed by the indian stamp act, 1899, as in force for the time being in the union territory of delhi, on every instrument of the description specified below, and (b) at such rate as may be determined by the corporation not exceeding five per cent, on the amount specified ..... as already stated the manner of recovery of the transfer duty was to be prescribed by the corporation as contemplated by section 152 of the delhi municipal corporation act, 1957 and its bye-laws framed for the specific purpose lay down that the said duty shall be paid to the registrar along with the stamp duty imposed by the indian stamp act. .....
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