VidhiSangh

Supreme Court of India · 17/09/2020

TRUSTEES OF H.C. DHANDA TRUST versus STATE OF MADHYA PRADESH & ORS.

[2020] 11 S.C.R. 268 · 2020 INSC 551

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court reduced a stamp-duty penalty from ten times to five times the deficiency. Section 40 vested discretion rather than mandating the maximum. Although describing a transfer as a deed of assent with intent to evade duty justified a penalty, that reason alone did not justify the extreme multiplier. The appeal was confined to quantum; the deficient duty and treatment of the document were not reopened.

Issues

  1. Whether the reasons given justified the maximum tenfold penalty under Section 40.
  2. How statutory discretion over penalty quantum should be exercised.

Provisions considered

Held

Result

Appeals partly allowed; penalty reduced from Rs.12,80,97,000 to Rs.6,40,48,500, being five times the stamp-duty deficiency. Collector’s order modified to that extent.

Judgment PDF: Supreme Court of India, [2020] 11 S.C.R. 268.