M/S. MSD REAL ESTATE LLP Vs. THE COLLECTOR OF STAMPS
LAWS(SC)-2020-9-27
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on September 17,2020

M/S. Msd Real Estate Llp Appellant
VERSUS
The Collector Of Stamps Respondents

JUDGEMENT

ASHOK BHUSHAN, J. - (1.)Leave granted.
(2.)This appeal has been filed against the judgment of the High Court of Madhya Pradesh at Indore dated 10.06.2020 by which the writ petition filed by the appellant challenging the notice dated 04.06.2020 issued by Additional Tehsildar (Recovery), District Indore as well as notice dated 04.06.2020 issued by Building Officer, Zone No.09, Municipal Corporation Indore has been dismissed.
(3.)Brief facts giving rise to this appeal are:
The property in question in this appeal is Lantern Hotel having Municipal No.28, Yeshwant Niwas Road, Indore with regard to which a Deed of Assent was executed on 21.04.2005 by the Trustees of Private Trust, namely, H.C. Dhanda Trust. H.C. Dhanda executed Will dated 26.10.2002. The Collector of Stamps issued notice stating that there is deficiency in the stamp duty on deed dated 21.04.2005 and passed an order dated 22.09.2008 holding the deed to be a Gift Deed and determined a deficiency of stamp duty to the extent of Rs.1,28,09,700/- and imposed penalty of ten times to the tune of Rs.12,80,97,000/-. H.C. Dhanda Trust filed writ petition in the High Court challenging order dated 22.09.2008 which was dismissed on 30.03.2017. An SLP(C) Diary No.30539 of 2017 was filed by the Trustees of H.C. Dhanda Trust against the judgment of the Madhya Pradesh High Court dated 30.03.2017 in which this Court passed following interim order dated 10.11.2017:

"Issue notice, returnable in six weeks, limited to the quantum of penalty that has been imposed by the Collector (Stamps).

Subject to the condition that stamp duty is paid within a period of one month, there shall be stay of the order qua the penalty."

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