Supreme Court highlighting the nature of stamp legislation have held
as under: -
"10. The Stamp Act is a piece of fiscal legislation.
Remedial statutes ... received in court, the
respondents paid the requisite stamp duty under
Section 35 of the Stamp Act and had it validated.
Now the contention
Act, 1894, or under Act 19 of
1938, or the Indian Registration of Ships Act, 1841 (10 of
1841) as amended by subsequent Acts ... Bombay District Municipal Act, 1873 (Bom. Act
6 of 1873), Section 81, or the Bombay Hereditary Offices Act,
1874 (Bom. Act 3 of 1874), Section
less than the
value adopted for the purpose of stamp duty, the difference
between stamp duty value and the transaction value can at best ... investment under
s. 69B of the Act and which is not permissible under the
Act. Apart from the stamp duty valuation, there is nothing
satisfied with
adoption of sale value on which stamp duty was paid, then scheme of the
Act prescribes a mechanism under sub-section ... value
adopted or assessed by the stamp valuation authority for the purpose
of payment of stamp duty shall be taken as the full value
assessable' by the stamp valuation authority for the purpose of payment
of stamp duty in relation to such transfer. Further, subsection (2), permits ... registered
with the Stamp Valuation Authority, the value 'assessable' by the Stamp
Valuation Authority shall be deemed to be the full value consideration
document was duly stamped
or not and the Collector of Stamps initiated proceedings
under Section 48-B of the Indian Stamps Act by giving
notice ... Collector of Stamps on 28.05.2013
directing payment of stamp duty as well as penalty. The
Collector of Stamps assessed the stamp duty to the tune
beyond the
period prescribed under Section 48(3) of the Maharashtra Stamps Act
(for short, 'Act').
6. In support of this Petition ... squarely covered by Section 52A of the Act. Section 52A of the Act
lays down that notwithstanding anything contained in sections
Transfer of Property Act, Section 202 of the
Indian Contract Act and the relevant provisions of the Indian Succession
Act , the same will continue ... Transfer of Property Act, 1882 and the related provisions of
the Registration Act, 1908 and the Stamp Act, 1899 by Act
Section 48 of the
Revenue Recovery Act, under the Tamil Nadu Stamp Act for
recovery a sum of Rs.1,87,801/-.
2.The facts ... Stamp
Act and Section 80-A of the Registration Act was taken to
recover the said deficit stamp duty and registration fees
only based
Section 48 of the
Revenue Recovery Act, under the Tamil Nadu Stamp Act for
recovery a sum of Rs.1,87,801/-.
2.The facts ... Stamp
Act and Section 80-A of the Registration Act was taken to
recover the said deficit stamp duty and registration fees
only based
