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2016 (7) TMI 764 - HC - Indian LawsExemption from payment of stamp duty on the sale deed - Held that:- In the instant case the sickness certificate with regard to sick unit of HSGL purchased by the petitioner was issued on 29-1-2008, albeit by the Commissioner Industries i.e. prior to the sale deed dated 25-6-2008. It is not in dispute that the Commissioner Industries is an authority superior to the General Manager, DIC in the same department, and is of the considered view that such a certificate issued by the Commissioner Industries ought to have supplied the condition for exemption of stamp duty. However, in any event, subsequently a rectification qua the certificate of sickness issued by the Commissioner Industries on 29-1-2008 has been issued on 4-12-2012 by the General Manager, DIC. Thus, in considered opinion, the certificate dated 29-1-2008, in any event now holds good even on the literal reading of the notification dated 26-7-2003, as the rectification of 4-12-2012 would relate back to the original certificate of sickness dated 29-1- 2008. In the circumstances, the impugned judgments dated 10-10- 2013 and 21-8-2015 passed by the Tax Board are liable to be quashed and set aside. They are so. The matter is remanded to the Tax Board for deciding the revision petition afresh with reference to rectification dated 4-12-2012 issued by the General Manager, DIC relating to the certificate of sickness dated 29-1-2008 earlier issued by the Commissioner Industries. The revision petition be decided within a period of eight weeks from the date of receipt of a certified copy of this order.
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