B. Amit Sthalekar, J. - (1.) Heard Sri Navin Sinha, learned Senior Counsel assisted by Sri Raghav Nayar, learned counsel for the petitioner and Sri R.K. Shukla, learned Standing Counsel for the State-Respondents.
(2.) The petitioner in the writ petition is seeking quashing of the orders dated 24.03.2008 and 16.03.2009 arising out of proceedings under the Indian Stamp Act, 1899 (hereinafter referred to as the 'Act, 1899') for computing deficiency of stamp duty.
(3.) Briefly stated the facts of the case are that the petitioner purchased the land in question measuring .4870 hectare (4870 sq. meter) situated in Village Shahpur Bamhaita, Pargana Dasna, District Ghaziabad through registered sale deed dated 10.02.2006 for a sum of Rs.56,50,000/-. On this amount he paid stamp duty of Rs.5,65,000/-. On an allegation that there was deficiency of stamp duty proceedings under Section 47-A of the Act, 1899 were initiated against the petitioner. The document was presented for registration before the Sub Registrar on 10.02.2006 itself and was registered accordingly. Subsequently, A.D.M. (Finance and Revenue) on an assumption that there was deficiency of stamp duty submitted an inspection note dated 12.11.2007 on which a notice was issued to the petitioner by the Additional Collector (Finance and Revenue) Ghaziabad dated 11.12.2007. The petitioner filed his objection and thereafter the Collector (Stamps) by his order dated 24.03.2008 held that the land in question has the potential to be used for residential purposes and was liable to tax at rates applicable to a residential land and accordingly determined its market value at Rs.97,40,000/- on which stamp duty was calculated at Rs.9,74,000/- and since the petitioner had already paid Rs.5,65,000/- towards stamp duty, the deficiency of stamp duty was determined at Rs.4,09,000/- plus penalty of like amount. Aggrieved by the order of the Collector (Stamp) the petitioner preferred an appeal which was allowed in part and the deficiency of stamp duty as maintained at Rs.4,09,000/- and it was further directed that the instrument be registered at 30% of penalty plus 1.5% as interest.;