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2013 (9) TMI 174 - SC - Companies LawSale Deed OR Lease Deed - Whether the sale deed executed by Aditya Mills Ltd. in favour of respondent No.1 could be treated as lease deed for the purpose of stamp duty – Held that:- Neither party had placed on record copy of deed and without examining that document - it was not possible to record a firm finding about the nature and character of deed - the only appropriate course was to remit the case to the Collector for fresh determination of the issue relating to valuation of the building and the land purchased by respondent No.1 - The Collector could have decided whether deed was a lease deed simpliciter or sale deed for the purpose of stamp duty only after going through the contents of deed but he did not bother to undertake that exercise. The appeal was disposed of with a direction that the Collector shall call upon respondent No.1 to produce deed to which reference had been made in the deed executed in its favour by Aditya Mills Ltd. and then decide whether it was a lease deed simpliciter or a sale deed for the purpose of stamp duty.
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