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Supreme Court of India · 24/09/2024

SHYAMSUNDAR RADHESHYAM AGRAWAL & ANR. versus PUSHPABAI NILKANTH PATIL & ORS.

[2024] 9 S.C.R. 881 · 2024 INSC 730

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Summary

The Supreme Court upheld the impounding of six agreements for sale that recorded delivery of possession to the purchasers, holding that under Explanation I to Article 25 of Schedule I of the Maharashtra Stamp Act, 1958 they were chargeable as conveyances. Section 4 of the Act did not help the appellants because the agreements were separate transactions between different parties, and the later stamped sale deed did not discharge the duty payable on them; recovery was limited to the difference in duty plus penalty.

Issues

  1. Whether agreements for sale recording transfer of possession were liable to stamp duty as conveyances and to impounding, although a duly stamped sale deed had later been executed for the same properties.
  2. Whether Section 4 of the Maharashtra Stamp Act, 1958, which charges full duty only on the principal instrument where several instruments complete one transaction, exempted the earlier agreements.
  3. What stamp duty and penalty could be recovered on the impounded agreements.

Provisions considered

Held

Result

Appeal dismissed; impounding of the six agreements and their reference to the Collector of Stamps for adjudication upheld, with recovery limited to the difference in stamp duty plus penalty from the date of execution of each agreement until payment.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 881.