SUNITA AGARWAL,J. - (1.) The petitioner is a Milk Cooperative Society as defined under section 2(d-1) of the UP Cooperative Societies Act, 1965 and is registered under the U.P. Cooperative Societies Act, 1965. It is categorically stated in the writ petition that the registration of the Society is still continuing and it has not been cancelled by the Registrar of the Milk Cooperative Societies. It is further stated that the Cooperative Society, the petitioner is exempted from payment of stamp duty. By the impugned order the instrument executed in favour of the Society by the U.P. Financial Corporation has been impounded.
(2.) The relevant facts of the matter are that a registered sale deed dated 25.4.2001 was executed in favour of the petitioner-Society with reference to Khasra No. 169-Ka situated at Village Rasoolpur in an auction sale held by the U.P. Financial Corporation for sale of the assets of M/s R.K. Ice and Chilling Plant for a consideration of Rs. 4,59,000/- (four lac fifty nine thousand). The instrument was impounded and referred to the Collector, Budaun on 26.07.2001 under Section 47A of the Indian Stamp Act. The petitioner filed its objections on 25.1.2002/20.2.2002. The Assistant Commissioner (Stamp), Budaun by order dated 27.08.2002 held that there was deficiency in stamp duty and imposed a total sum of Rs. 8,69,194/- (rupees eight lac sixty nine thousand one hundred ninety four) as deficient stamp duty and penalty. The restoration application filed by the petitioner was dismissed on 26.10.2002. The order was challenged in revision, which was also rejected by the Chief Controlling Revenue Authority/Board of Revenue, UP at Allahabad vide order dated 26.03.3003.
(3.) The recovery certificate was sent to the Collector on 27.08.2002 and the citation dated 12.10.2002 was issued by the Tehsildar. Pursuant to the said recovery certificate, the account of the Society was attached and total amount of Rs. 7,45,000/- (rupees seven lac forty five thousand) was withdrawn from its account. The order passed by the Stamp Authorities in imposition of deficit stamp duty is under challenge in the present writ petition.;