Collector-Stamp Valuation has rightly issued the
certificate/order dated 21.04.2010 by considering
the stamp duty payable on the Development
Agreement as per Article ... fact, the Development Agreement is
nothing but conveyance in name and style of
'development agreement'. In such circumstances,
stamp duty on the instrument
stamp duty payable on the
development agreement is as per the duty payable on a
conveyance under Article 25 and, therefore,
development agreement would have ... Agreement" is a Development
Agreement or an Agreement for Sale would not be material in
as much as the stamp duty payable
duty under Article 25 of Schedule-I of the said Act. Notwithstanding
such case, the petitioners avoided payment of stamp duty upon
'development agreement ... stamp duty or for that matter pay stamp duty upon
any one of the instruments, which would bear the lowest
stamp duty in the series
Article 6 (B) of the Indian Stamp Act,
1899 , the development agreement is liable for Stamp duty
and registerable Under Section 17 of the Registration ... development
Agreements is to be in accordance to Article 6(B) Schedule
1- A of the Indian Stamp Act, 1899 and the development
agreements
Maharashtra Stamp Act, 1958 : How does one distinguish between
an instrument of conveyance and a development agreement for the
purpose of stamp duty ... stamp duty assessment. The principal
contention advanced on behalf of the State is that, although the
scheme of the Stamp Act recognizes development agreements,
such
this
Agreement and the Schedules or any other document, this
Agreement shall prevail. The document forming part of
bidding process leading to this Agreement shall ... This-Agreement (Including any amendment / supplement
to this Agreement) and the Detailed Project Report]
(b) The Schedules & Annexures to this Agreement
(c) The Letter
other contention is that, considering the
agreement was stamped and stamp duty paid as a Development Agreement and it must be
so held ... opinion, mere payment of stamp duty on an instrument will not change or
alter the nature of the Agreement. The Agreement will have
Maharashtra Stamp Act, 1958
(for short " Stamp Act ") for adjudicating upon the stamp duty
chargeable on the development agreements. It was the contention ... stamp duty payable on the development agreement
is as per the duty payable on a conveyance under Article 25 and,
therefore, development agreement would have
stamp Duty Regulations, the
developer is mandatorily required to pay the Stamp Duty on the
registered Development Agreement. This liability is also worked ... Agreement at Rs 30,14,00,000/- , whereas the stamp duty value of
Development Agreement was Rs 34,69,55,000/-. The ld AO observed
Firms, Bengaluru, dated 06.06.2008. Joint
Development Agreement initially drafted on stamp
paper of Rs.200/-; later, deficit stamp duty was paid ... Stamps, Shivajinagar, Bangalore
on 14.09.2009 and Joint Development Agreement
got duly stamped. Hence, question of impounding
of agreement and collecting of deficit stamp duty
