VidhiSangh

Supreme Court of India · 06/12/2017

NASIRUDDIN & ANR. ETC. versus THE STATE OF UTTAR PRADESH THROUGH SECRETARY & ORS

[2017] 12 S.C.R. 1073 · 2017 INSC 1191

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Summary

Contracts granting municipal collection rights over Tehbazari and parking fees were held to be leases for stamp-duty purposes. The Stamp Act’s extended definition expressly includes instruments letting tolls of any description, regardless of whether the ordinary property-law concept of a lease would apply.

Issues

  1. Whether municipal fee-collection contracts attracted stamp duty as leases or licences.
  2. How the Stamp Act’s inclusive lease definition applies to rights to collect tolls and fees.

Provisions considered

Held

Result

Appeals dismissed; classification of the contracts as leases under section2(16)(c), chargeable at the applicable Article35 ScheduleI rates, upheld.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 1073.