Arun Tandon, J. - (1.) HEARD learned Counsel for the Petitioner and learned Standing Counsel for the State -Respondents.
(2.) IN proceedings under Section 47 -A of the Indian Stamp Act, the Assistant Commissioner (Stamp), Basti vide order dated 27th September, 2010 has found that there was short payment of stamp duty on the sale -deed by the Petitioner. Accordingly, an order has been passed requiring the Petitioner to deposit a sum of Rs. 1,63,100/ - plus penalty of Rs. 730/ - along with interest at the rate of 1.5% per month on the said amount, the total being Rs. 2,33,000/ -. Not being satisfied with the order so passed by the Assistant Commissioner, the Petitioner filed an appeal before the Commissioner, Basti Division, Basti under Section 56 of the Indian Stamp Act being appeal No. 782 of 2010. The Deputy Commissioner (Stamp) has dismissed the appeal vide order dated 9th December, 2010. Hence the present writ petition. Learned Counsel for the Petitioner contends that both the authorities have misdirected themselves in holding that the stamp duty was payable at residential rates qua the property under transfer, having regard to the potential of the land. Learned Counsel for the Petitioner with reference to the judgment of this Court in the case of Ashok Kumar Pandey v. State of U.P. and Ors. reported in : 2008 (4) AWC 3718, submits that future potential of the land cannot be looked into for determining its market value. Therefore, the orders impugned are illegal.
(3.) LEARNED Standing Counsel in reply points out that from the order of the appellate authority, it is apparently clear that the Petitioner herself made an application before the Assistant Commissioner (Stamp) on 27th September, 2010, categorically stating that she is ready and willing to deposit the deficiency of the stamp duty provided the penalty is waived. After taking into consideration all aspect of the matter, the impugned order has been passed. He further clarifies that in respect of other portion of same plot, other purchasers, namely, Smt. Gita Pandey and others had paid the stamp duty at the residential rates.;