2. Petitioner has filed this petition taking an exception to the Order dated 16 September 2021 passed by Collector of Stamps, Andheri Page No.1 of 41 04 March 2024 ::: Uploaded on - 04/03/2024 ::: Downloaded on - 05/03/2024 09:25:37 ::: kishor WP 2540 of 2023 .dox.docx adjudicating the stamp duty leviable on Deed of Conveyance executed in Petitioner's favour at Rs. 1,97,95,100/- by fixing the market value of the property at Rs. 41,69,02,000/-. Earlier, the Collector had passed order dated 16 March 2017 fixing the market value of the land at Rs. 30,55,88,000/- and had demanded stamp duty of Rs. 1,52,77,900/-. Petitioner filed Writ Petition No.714 of 2018 challenging order dated 16 March 2017. The issue before this Court in that Petition was about applicability of Proviso to sub-Rule 6 of Rule 4 of the Maharashtra Stamp (Determination of True Market Value of Property) Rules 1995 (Maharashtra Stamp Rules, 1995) under which, pre- determined value in a sale conducted by the Government or Semi Government body or Government Undertakings or a Local Authority is required to be treated as true market value of the property for levy of stamp duty. This Court held that sale conducted by the Charity Commissioner is covered under the first Proviso of Rule 4(6). This Court accordingly remanded the proceedings before the Collector of Stamps for adjudication of stamp duty payable by taking into consideration the first Proviso to Rule 4(6) and Circular dated 13 October 2006. In remanded proceedings, Respondent No.2 conducted inquiry into the manner of sale held by the Charity Commissioner and the price at which it is sold vis-à-vis the market value as per the Annual Statement of Rates (ASR) and has held that the market value as per ASR will have to be considered for levy of stamp duty. Respondent No. 2 has however applied ASR for the year 2021 and increased the market value to Rs. 41,69,02,000/- which was earlier fixed at Rs.30,55,88,000/- in previous order and has called upon Petitioner to pay Rs. 1,97,95,100/- as stamp duty.
↧
