Payment of stamp duty
Dinesh RAthod
(Querist) 29 July 2013
This query is : Resolved
The leasehold rights of an industrial shed owned by DSIIDC ltd was allotted to A, who subsequently sold his leasehold rights to B and requested to DSSIDC for transfer of the leasehold rights to B. The leasehold rights were transferred to B by DSSIDC. Subsequently B sold his leasehold rights to C. As per prevalent policy, C applied for freehold to DSIIDC. DSSIDC is asking C to pay the stamp duty for this transaction entered into between A and B , as the sale was done on notarized agreement to sell without payment of stamp duty. If DSIIDC had checked this deficiency before transferring the leasehold rights to B, this matter would have been sorted out then and there and today C would not have been asked to pay stamp duty on sale transaction between A and B.
a. Is C liable to pay stamp duty for the mistake committed by some official of DSIIDC official?
b. If not, then on what grounds C could represent to DSIIDC?
Anirudh
(Expert) 30 July 2013
Even by representing you cannot achieve anything as stamp duty not paid has to be paid. There is no question of apportioning the fault on any of the officials. You also know that the lease rights cannot be transferred from one person to another without payment of appropriate stamp duty. The DSIDC has no power or authority to waive the stamp duty.
Rajendra K Goyal
(Expert) 30 July 2013
Stamp Duty has to be paid in the above case.
