- (1.) By this writ petition, the petitioner has assailed the orders dated 29.06.2011 passed by the Additional District Magistrate (Finance & Revenue), Lucknow in Case No.264/Stamp/ 2008 under section 33/47-A of the Indian Stamps Act as well as the order dated 28.05.2012 passed by Chief Controller Revenue Authorities under section 56 (1) A of the Indian Stamps Act in Appeal No.64 of 2011-12.
(2.) The facts in narrow compass are that the petitioner and M/s Sahara India Commercial Corporation Ltd. had executed an instrument on 15.07.2005 known as "Memorandum of understanding" (MOU), where both the parties agreed that the petitioner will have a space about 9455.30 sq.ft. (Super area) in a commercial complex known as Saharaganj, Hazratganj, Lucknow on "licence basis" initially, for a period of three years and the said period shall also be renewable and the same has already been renewed for a total period of 9 years.
(3.) The petitioner has paid stamp duty of Rs.100/- on the said instrument (MOU), by considering it as a deed of licence, but the stamp authorities considered the said instrument as a lease deed and demanded stamp duty of Rs.33,93,500/=. The penalty was also imposed to the tune of Rs.67,87,000/- @ 200%-. Thus, the total liability of Rs.1,01,80,500/- was saddled upon the petitioner alongwith interest at the rate of 1.5% per month on the deficient amount, from the date of execution of deed till the payment. Being aggrieved, the petitioner has filed the present writ petition.;