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2016 (7) TMI 764 - RAJASTHAN HIGH COURT

2016 (7) TMI 764 - RAJASTHAN HIGH COURT - TMI - Exemption 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 .....

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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 Industr .....

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t s notification dated 26-7-2003 for reason of the company having purchased thereunder a unit of M/s. Haryana Sheet Glass Limited (HSGL), declared sick under the Sick Industries Companies (Special Provisions) Act, 1985 (hereinafter the Act of 1985 ) on or about 20-12-2005 following which the Commissioner Industries, Government of Rajasthan, Jaipur had issued a certificate of sickness dated 29-1-2008. The facts of the case are that a unit of HSGL situated at 14, Industrial Area, Neemrana District .....

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e sale deed dated 25-6-2008. As the property purchased was a unit HSGL at the relevant time declared sick by the BIFR vide order dated 20-12-2005 and a certificate of sickness thereof was issued on 29- 1-2008 under the hand of the Commissioner Industries, the petitioner company claimed exemption from stamp duty, qua the transaction under sale deed dated 25-6-2008, in terms of the notification dated 26-7-2003. The exemption claimed was allowed and the sale deed dated 25-6-2008 registered without .....

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erior officer over the General Manager, District Industries Center. The defence of the company to the show cause notice was negated and the Collector (Stamps) Alwar vide judgment dated 19-10-2011 held, only for reason of the pedigree of the certificate of sickness dated 29-1-2008 relating to the Commissioner Industries and not G.M., DIC, that the petitioner was not entitled to the exemption of stamp duty as the conditions of the notification dated 26-7-2003 did not attract to the transaction und .....

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was dismissed vide order dated 21-8-2015, as not maintainable. Hence this petition. Counsel for the petitioner has submitted that it is not in dispute that at the time of registration of the sale deed dated 25-6- 2008 qua the HSGL s unit, it was a sick company under the order dated 20-12-2005 passed by BIFR and a certificate of sickness issued in regard thereto by the Commissioner Industries on 29-1- 2008. It is submitted that the Commissioner Industries, is an authority superior to the General .....

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rectification dated 4-12-2012 relates back to the certificate of sickness dated 29-1-2008. And in this view of the matter the petitioner company was in any which way compliant with the conditions of the notification dated 26-7-2003 and entitled to exemption from levy of stamp duty for transaction under sale deed dated 25-6-2008. It is submitted that the rectification certificate dated 4-12-2012 issued by the General Manager District Industries Center in respect of the certificate dated 29-1-2008 .....

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21-8-2015 the review petition was dismissed. Hence this petition be allowed, submitted counsel for the petitioner and the impugned judgments dated 10-10-2013 and 21-8-2015 passed by the Tax Board be set aside. The matter be remanded to the Tax Board for decision afresh on the revision petition while considering the rectification certificate subsequently issued by the General Manager, DIC on 4-12-2012. Mr. Dheeraj Tripathi, counsel for respondent has supported the impugned judgments and submitted .....

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as not maintainable. Therefore there is no perversity in the impugned judgments. The company has only himself to blame for the situation it finds itself in. Heard. Considered. It is not in dispute that the sickness certificate dated 29-1- 2008 was issued by the Commissioner Industries, to HSGL whereon the petitioner was in the first instance held entitled to exemption of stamp duty in respect of sale deed dated 25-6-2008 extended qua the assets of HSGL in the possession of the secured creditors. .....

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ore the revision petition was dismissed vide judgment dated 10-10-2013 upholding the judgment dated 19-10- 2011 passed by Collector (Stamps). The review petition came to be dismissed on 21-8-2015 as not maintainable. Under the notification dated 26-7-2003, when assets of a sick industry in respect of which certificate of sickness was issued by the General Manager, DIC were purchased, stamp duty on the transaction was admittedly not leviable. In the instant case the sickness certificate with rega .....

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