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1 - 6 of 6 (0.60 seconds)M/S Prosperous Buildcon Pvt. Ltd vs State Of Haryana And Ors on 22 November, 2019
Considering the Rules which provide for determination of valuation for the purposes of stamp duty as well as the judgment of this Court in the case of M/s Prosperous Buildcon Pvt. Ltd. v. State of U.P. and Others, I have no hesitation in holding that the impugned orders in both the writ petitions are liable to be quashed, as the same have been passed solely on the ground of potential future use of the land and not on the nature of the land, as on the date of execution of the instrument.
State Of U.P. & Ors vs Ambrish Tandon & Anr on 20 January, 2012
The judgment of the Supreme Court in the case of Ambrish Tandon (supra) has been followed by the Full Bench of this Court reported in 2015 (3) ADJ 136 (Smt. Pushpa Sareen Vs. State of U.P.) wherein the Full Bench has also held that the nature of the user is relatabe to the date of purchase which is relevant for the purposes of computing the stamp duty. Where however the potential of the land can be assessed on the date of execution of the instrument itself by referring to exemplar or comparable sale instances that is clearly a circumstances which is relevant and germane to determine the true market value. Paragraph 27 of the said judgement reads as under:
Smt. Pushpa Sareen vs State Of U.P. on 12 February, 2015
The judgment of the Supreme Court in the case of Ambrish Tandon (supra) has been followed by the Full Bench of this Court reported in 2015 (3) ADJ 136 (Smt. Pushpa Sareen Vs. State of U.P.) wherein the Full Bench has also held that the nature of the user is relatabe to the date of purchase which is relevant for the purposes of computing the stamp duty. Where however the potential of the land can be assessed on the date of execution of the instrument itself by referring to exemplar or comparable sale instances that is clearly a circumstances which is relevant and germane to determine the true market value. Paragraph 27 of the said judgement reads as under:
Section 52 in The Indian Stamp Act, 1899 [Entire Act]
Finance Act, 1999
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