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2014 (3) TMI 1123 - ALLAHABAD HIGH COURTDeficiency in stamp duty - inclusion of value of immovable plant and machinery for the purpose of computation of stamp duty - Section 33/47-A of Indian Stamp Act, 1899 - whether plant and machinery, in the present case, have rightly been included towards part of sale transaction of immoveable property so as to attract chargeability of stamp duty on entire consideration of ₹ 118 lacs? - Held that:- In the present case it is not disputed that besides plants and machinery, entire land and building was sold and there was no provision/agreement that plants and machinery shall be severed or removed from earth. In fact, the industrial unit has been leased out for the purpose of running. Removal of plants and machinery would not have allowed the factory to run. There is no agreement between parties that plants and machinery shall be severed or removed from earth - Even according to definition of 'goods' under Sale of Goods Act, it cannot be included therein. It is worthy to mention that in the entire writ petition there is no pleading that the plant and machinery which has been purchased by petitioner is to be removed or displanted or that it is not affixed or attached to earth etc. Though it has been pleaded that only land and building has been purchased but paras 3 and 4 of sale deed clearly show that U.P. Financial Corporation took over physical possession of entire building and its assets - there is no error on the part of respondents-Revenue Authorities in holding that stamp duty was chargeable on entire sale consideration of ₹ 118 lacks and to this extent the impugned orders warrants no interference. Penalty - Held that:- The transaction of sale took place on 02.03.1995 and the impugned order was passed by Additional Collector (Finance & Revenue), Bahraich on 30.01.1996. On that day under Section 33/47-A of Act, 1899 there was no provision empowering Collector to impose penalty in case the value of property set forth in document presented for registration is not true market value of the entire value and there is a deficiency of stamp duty - penalty set aside. Appeal allowed in part.
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