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The Sub Registrar Ernakulam Kochi 16 vs K Syed Ali Kadar Pillai & Anr

Supreme Court Of India|24 March, 2022
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JUDGMENT / ORDER

Summary

Issue: Valuation of immovable property for stamp duty purposes
Rule: Section 47 of the Indian Stamp Act, 1899
Application: Rule 2 of the Indian Stamp (Kerala Amendment) Rules, 2007
Conclusion: The valuation of Rs. 1.4 crores fixed by the Company Court and the District Registrar is appropriate for the purpose of stamp duty, and the impugned judgment does not warrant interference.
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1326-1327 of 2010 THE SUB REGISTRAR ERNAKULAM KOCHI 16 APPELLANT(S) VERSUS K. SYED ALI KADAR PILLAI & ANR. RESPONDENT(S) JUDGMENT Having heard learned counsel for the parties and having perused the material placed on record, we find no reason to consider interference in the impugned judgment dated 02.04.2008, particularly in view of the facts that the sale in question took place under the supervision of the Company Court and even when the auction bid of the respondent had been Rs. 1.935 crores for the assets under sale, the Company Court had fixed the value of immovable property therein at Rs. 1.4 crores; and the District Registrar was also satisfied with that valuation. Therefore, stamp duty was to be collected only on the said valuation i.e., Rs. 1.4 crores.
The impugned judgment, essentially proceeding on the peculiar facts and circumstances of the present case, calls for no interference.
The appeals stand dismissed, as such. No costs.
SIGN NEW DELHI; MARCH 24, 2022.
… J (DINESH MAHESHWARI) … J (ANIRUDDHA BOSE)
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Title

The Sub Registrar Ernakulam Kochi 16 vs K Syed Ali Kadar Pillai & Anr

Court

Supreme Court Of India

JudgmentDate
24 March, 2022
Judges
  • Dinesh Maheshwari
  • Aniruddha Bose