Himalaya House Co. Ltd. Bombay vs Chief Controlling Revenue Authority on 1 February, 1972
In the present case, the authorities have rightly considered
the tenant-occupied portion to be 1883.73 square meters, rather
than 2241.18 square meters, in consonance with the principles laid
down by the Hon'ble Supreme Court in Himalaya House Co. Ltd.
(supra). As elucidated in the said decision, it is incumbent upon
the petitioner to set out, with due specificity, all questions affecting
the chargeability of the document with the duty imposed thereon.
In this context, it was necessary for the petitioner to precisely
specify, in the instrument in question, the exact area under
occupation of tenants if it intended to seek a deduction in market
value on the basis of such tenancy-related encumbrances. The
omission on the part of the petitioner to incorporate such
particulars within the instrument precludes any claim for a
downward revision in valuation. Accordingly, in the considered
opinion of this Court, the authorities under the Maharashtra Stamp
Act, 1958, have acted within the ambit of their statutory powers in
directing the petitioner to discharge the requisite stamp duty as
determined.