VidhiSangh

Supreme Court of India · 25/04/2023

SHANTI BHUSHAN (D) THR. LR. & ORS versus STATE OF U.P. AND ORS

[2023] 6 S.C.R. 513 · 2023 INSC 425

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Summary

Long-standing tenants of a bungalow property in Allahabad purchased it in 2010 under a compromise decree for the Rs. 1 lakh consideration agreed in 1966, and paid stamp duty on a market value computed by the rent-capitalisation method; the stamp authorities valued the land at the circle rate of Rs. 24,000 per sq. metre and demanded a deficit of over Rs. 1.34 crores with interest, which the High Court affirmed while setting aside the penalty. The Supreme Court held that stamp duty is payable on the market value on the date of the conveyance, not the agreed consideration or the value at the date of the agreement, but that a property in the possession of tenants fetches less in the open market, so an appropriate deduction must be made; the matter was remanded to the Assistant Stamp Collector to determine the market value on evidence.

Issues

  1. Whether stamp duty on a sale deed is chargeable on the consideration agreed under an earlier agreement for sale and compromise decree, or on the market value of the property on the date of execution of the conveyance.
  2. Whether the market value of a property sold to its sitting tenants must be reduced to reflect the encumbrance of tenancy, and how such value is to be determined.
  3. Whether a valuation derived from the rateable value under municipal law can be the market value for stamp duty.
  4. Whether interest under Section 47-A(4A) of the Stamp Act as applicable to Uttar Pradesh is mandatory on deficit stamp duty.

Provisions considered

Held

Result

Appeal allowed; judgments of the High Court, the Assistant Stamp Collector and the Appellate Authority set aside except the finding that no penalty is payable; matter remanded to the Assistant Stamp Collector to determine the market value of the property on the date of the sale deed after taking evidence, preferably within six months. The Rs. 1 crore already deposited to abide the final adjudication, with refund of any excess at 8% per annum interest. No costs.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 513.