TMI Blog1994 (1) TMI 303X X X X Extracts X X X X X X X X Extracts X X X X ..... cancellation was executed on a stamp paper of ₹ 10/-. The Sub-Registrar of Assurances, being of the opinion that the stamp duty prescribed under article 25 of Schedule I to the Bombay Stamp Act, 1958 ( the Act ) was applicable, forwarded the same to the Assistant Stamp Superintendent, Bombay. The Assistant Stamp Superintendent, Bombay held that stamp duty under Art. 258 of Schedule I to the Act was charge-able on the deed of cancellation in question. As it was executed on a stamp paper of ₹ 10/-, the Assistant Stamp Superintendent determined the deficient stamp duty at ₹ 2,17,890/-. Penalty of ₹ 21,000/- was also levied. By a letter dated 4 January, 1990 the petitioners were directed to pay the said amount of deficie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he purchaser before the execution or at the time of execution or after execution of such agreement without executing the conveyance in respect thereof. By the 1988 amendment even agreement to sell where the possession of any property was agreed to be transferred to the purchaser without amounting the conveyance in respect thereof was also included within the expression conveyance for the purpose of chargeability of stamp duty. 3-4. The contention of the respondents is that the cancellation of agreement of sale in this case amounts to re-conveyance of the property by the purchaser to the owner with when the agreement to sell had been originally entered into. Reliance is placed in this connection on Explanation to Art. 25 of Schedule I t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the basis of those plans that the agreement for sale had been executed. My attention was also drawn to clause 20 of the agreement for sale, more particularly sub-clauses (c)(d)(e) and (f) thereof which read as under: (c) It is specifically declared that the possession of the said premises is not transferred to the flat-holder before the execution, or at the time of execution or after the execution of this Agreement without executing the Conveyance in respect thereof. (d) Conveyance if any to be executed in pursuance hereof shall be completed at or before the time of handing over of possession of the said premises. (c) In the event however the Purchaser insists on receiving possession prior thereto and if the Developers are in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roperty is a contract that a sale of such property shall take place on terms settled between the parties. It does not, of itself, create any interest in or charge on such property. It is thus clear that an agreement for sale is merely a document creating a right to obtain a not her document of sale on fulfilment of terns and conditions specified therein. It does not, of itself, create any interest in or charge on such property. On the strength of such an agreement a buyer does not become the owner of the property. The ownership remains with the seller. It will get transferred to the buyer only on execution of the sale deed by the seller. What the buyer gets from an agreement for sale is only a right to obtain a sale deed executed in his fav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in such a case the deed of cancellation canont fall under Art. 25: It falls under Art. 15 and is chargeable to stamp duty prescribed therein. 8. The learned counsel for the respondents submits that the stamp duty of ₹ 10 paid by the petitioners falls share of even the stamp duly chargeable under Art. 15 and at least to that extent the concerned authorities are empowered to demand ₹ 10 being difference of duty and the penalty thereon. I do not propose to go into this matter. If the petitioners have not complied with the re quirements under Art. 15, the concerned authorities shall be at liberty to demand from the petitioners deficient stamp duty in accordance with law. 9. In view of the foregoing discussion, I am of the cle ..... X X X X Extracts X X X X X X X X Extracts X X X X
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