Bombay High Court
Om Shivam Builders Pvt. Ltd vs Joint District Registrar And Collector ... on 26 August, 2021
Author: M.S.Karnik
Bench: Makarand Subhash Karnik
32.wp.4682-21.doc
DDR
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4682 OF 2021
Office Notes, Office
Memorandum of Coram,
appearances, Court's Court's or Judge's orders
orders or directions and
Registrar's orders
Mr. R.S. Datar a/w. Akshay J. Kandarkar for the
petitioner.
Mr. S.D. Rayrikar, AGP for the respondents - State.
CORAM : M.S.KARNIK, J.
DATE : AUGUST 26, 2021
P.C.
Heard learned counsel for the petitioner.
2. It is the contention of learned counsel for the petitioner that there was tripartite agreement entered into between the petitioner - Developer, CIDCO and the allottees on 6/11/2009 for a consideration of Rs.3,41,95,000/- in respect of the subject land. The stamp duty to the extent of 5% of the market value amounting to Rs.17,10,000/- was paid. Thereafter, vide a Deed of Assignment dated 31/12/2009 between the petitioner - Developer and allottees, it was decided that consideration to the extent of Rs. 3 1 Of 3
32.wp.4682-21.doc crores would be paid to the allottees. The tripartite agreement did not mention any amount of consideration.
3. It is the contention of learned counsel for the petitioner that even on the amount of Rs. 3 crores, the stamp duty to the extent of Rs.3,42,000/- i.e. 1% of the market value was paid. Thereafter, the petitioners paid an amount of Rs.60 lakhs out of agreed Rs.3 crores to the allottees. By a supplementary Deed of Assignment dated 30/11/2013, in lieu of balance consideration of Rs.2,40,00,000/-, it was agreed between the petitioner - Developer and allottees that the allottees would be given constructed tenements of that value.
4. Learned counsel for the petitioner submits that having paid stamp duty as indicated earlier, there was absolutely no necessity for the petitioner - Developer to pay further stamp duty. However, the authorities appear to have proceeded on the footing that the allotment of the tenements is a fresh transfer, the stamp duty to the extent of Rs.17,57,094/- is levied being the defcit and penalty thereon to the extent of Rs.51,18,652/- is demanded.
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32.wp.4682-21.doc
5. Now, it is pointed out that the stamp duty should have been calculated at the rate of 6% and therefore the defcit calculated is Rs.21,08,512/-.
6. Issue notice to the respondents, returnable on 7/9/2021. Learned AGP waives service of notice on behalf of the respondents.
7. In the meantime, the petitioner to deposit a sum of Rs.17,57,094/- with the Stamp Authorities without prejudice to the rights and contentions of the parties within a period of two weeks from today. Subject to said deposit, there shall be an Digitally signed by ad-interim relief in terms of prayer Clause (b) of DIKSHA DIKSHA DINESH DINESH RANE RANE Date:
2021.08.26 the Petition. 20:37:49 +0530
8. Reply to be fled before the returnable date.
(M.S.KARNIK, J.) 3 Of 3