- (1.) Heard counsel for the petitioner and learned standing counsel appearing on behalf of the State respondents. Pleadings have been exchanged between the parties and with their consent, this writ petition is being decided finally at the admission stage itself as per Rules of the Court.
(2.) The petitioner, by means of an instrument executed on 25.9.2009 by one Smt. Omi Manchanda W/o Late Ved Prakash Manchanda, purchased lease hold rights in property bearing no.17 Navyug Market, Ghaziabad and ownership rights in the constructions existing over the same. It was registered at Wahi no.1 Zild no.3623 at pages 195-335 at serial/document no.5904 and was returned to the petitioner after registration by Sub Registrar -II Ghaziabad. The consideration was Rs.1,00,00,000/-. However, for the purpose of payment of stamp duty, the petitioner assessed the market value of the property at Rs.2,32,50,000/- and paid a sum of Rs.16,30,000/- as stamp duty. The area of the land, which is subject matter of instrument, is 167.17 sq. meter having total covered area of all floors measuring 516.512 sq. meter (basement 105.09 sq. meter, ground floor 105.9 sq. meter, 1st floor 133.776 sq. meter, 2nd floor 133.776 sq. meter and Mumti 37.16 sq. meter). According to the petitioner, the constructions on the basement, ground floor and first floor are commercial, while second floor and Mumti are residential. Accordingly, stamp duty was paid by calculating the rental value of basement, ground floor and first floor constructions at commercial rates and second floor and Mumti at the residential rates fixed by the Collector.
(3.) It appears that after registration of the instrument, an inspection was made by Additional District Magistrate (Finance & Revenue), Ghaziabad on 18.12.2009, on basis of which proceedings under Section 47-A of the Indian Stamp Act, 1889 were registered. A show cause notice dated 18.1.2010 was issued to the petitioner. In response thereto, the petitioner filed objections stating that the building is more than 35 years old and it has been rightly valued. It was further stated that the stamp duty was paid as per the prevailing circle rate. However, A.D.M. (Finance & Revenue), Ghaziabad by order dated 29.5.2010 imposed a sum of Rs.10,46,450/- as deficiency of stamp duty and Rs.2,00,000/- as penalty together with interest @ 1.5% per month from the date of execution of instrument, till the date of payment. Aggrieved thereby, the petitioner filed appeal before the Chief Controlling Revenue Authority and deposited a sum of Rs.16,05,892/-in appeal. By order dated 7.12.2011, the respondent no.2 has dismissed the appeal and hence, the present writ petition.;