Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Deficit stamp duty Stamp Duty Demand for |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Stamp Duty: Deficit stamp duty – Demand for – Penalty imposed ten times the deficit duty – In litigation Supreme Court modified the penalty amount reducing the same to half – Stamp duty was paid – Thereafter the property in question was sold – Permission for construction on the property was sought by the subsequent purchaser – Property was mutated in the name of the purchaser – The purchaser submitted post-dated cheques towards the penalty amount – Notice was issued by competent authority demanding outstanding amount towards penalty – Permission for construction was denied – High Court upheld the demand of penalty and holding that payment of penalty by post-dated cheques cannot be approved – As regards notice by Municipal Corporation, High Court observed that the purchaser could apply afresh for permission for construction after paying the penalty amount in toto – Appeal to Supreme Court – During pendency of the appeal orders issued by Municipal Corporation to handover the land in question to the Corporation – Challenged in interlocutory application – Held: High Court rightly did not interfere with the demand of penalty – As regards the notice by Municipal Corporation, the observation of the High Court amply protects the right of the purchaser – The orders of Municipal Corporation passed during pendency of the appeal being subsequent actions cannot be entertained in the present appeal |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 554 |
Petitioner | M/s. Msd Real Estate Llp |
Respondent | The Collector Of Stamps & Anr. |
SCR | [2020] 6 S.C.R. 1027 |
Judgement Date | 2020-09-17 |
Case Number | 3194 |
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