- (1.) Heard Sri Sandeep Agrawal, learned Counsel for the Petitioner and learned Standing Counsel for the Respondents. The pleadings of the parties have also been perused.
(2.) Under challenge in the present writ petition are the orders dated 22.09.2006 passed by the Additional Collector (Finance & Revenue) and the appellate order thereof dated 01.10.2008 passed by the Commissioner, Meerut division Meerut. 2A. Petitioner entered into a lease dated 01.11.2003 for a period of less than 11 months commencing from 01.11.2003 till 31st March, 2004 at a monthly rent of Rs. 35,000/-. The aforesaid lease had a renewal clause permitting renewal for a period of another five years. The said lease deed was executed on a stamp paper of Rs. 100/-and it was not registered. The Assistant Commissioner (Stamp) while scrutinizing certain files of the excise department came across the aforesaid lease deed and referred the matter vide his report dated 03.01.2006 for determining the deficiency in stamp duty. On the aforesaid report Stamp Case No. 331/05-06 under Section 33 of the Indian Stamp Act (hereinafter referred to as the 'Act') was registered.
(3.) The Additional Collector (Finance & Revenue) vide order dated 22.9.2006 held that as the Petitioner continued in possession even after 11 months in pursuance of the lease deed in view of the renewal clause the lease is for a period of five years and as such chargeable to stamp duty under Article 35(a)(2) of Schedule 1B of the Act which provides for levy of stamp duty same as a conveyance (No. 23 Clause (a), for a consideration equal to three times the amount or value of the average annual rent reserved). Accordingly, the deficiency in stamp duty of Rs. 2,06,950/- was determined and a penalty of Rs. 20,700/- was imposed. The aforesaid deficiency along with 1.5% interest per annum from the date of lease deed till its actual payment was also directed to be paid. The Petitioner's appeal under Section 56 of the Stamp Act to the Commissioner, Meerut division Meerut was also dismissed upholding the order of the Additional Collector (Finance & Revenue).;