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Showing contexts for: monastery in Punita Bhardwaj vs Rashmi Juneja on 18 October, 2024Matching Fragments
20. It is not in dispute that in terms of the relevant entry i.e. Article 12 appearing in Schedule 1A of Stamp (Delhi Amendments) Act, 2001, the Stamp Duty payable in Delhi in the present context would be 0.1% (one rupee for every thousand rupee).
21. Such duty is payable on value of property and mesne profits only.
22. If one sees the sale consideration as mentioned in the registered sale deed and the amount of mesne profits awarded by learned Sole Arbitrator, it would become clear that the duty paid is rather more than what was to be paid. The argument that the duty should have been paid on the market value of the property as it was on the date of the passing of the award does not click at all. In Maung Po Tun (supra), the question was different as it was eventually observed that Award related to Monastery, which has no value. Moreover, it also noted that word "value" was not defined in the Stamp Act, but if the value of the property with which the instrument in question is concerned is not stated in the instrument, its value for purpose of stamp duty must be taken to be the price which could be obtained for it on a sale in open market. Here, as already noted above, we have the benefit of having a registered sale deed which records sale consideration. Its nobody's case that such consideration amount has been undervalued and that price was much more than that in the year 2010.