Stamps duty calculation
Anup
(Querist) 16 April 2012
This query is : Resolved
An agreement to sell, given for registration in 1997,was mischeiveously hidden, by staff, and only returned after prolonged personal (not documented) efforts in 2011.
Consequent Sale Deed in 2012, is impounded and stamps duty on current market rate valuation is threatened to be claimed, with penalty.
My plea of treating, the departmental delay - in returning the agreement for fourteen years - debars them from claiming any adverse orders against me, appears UNPROVIDED FOR BY THE EXECUTIVE MAGISTRATES, even though they all feel sympathetic about the "system' harassing law abiding citizens, who can't do "PAIRVY' at every stage for their such cases.
How do I avoid the penalty, penal interest and over ten times the stamp duty that i would have been subjected to pay, if the agreement was given back to me in time?
isn't the registrar office duty bound to inform/ intimate to me if there was any defect/ inadequacy in the Agreement document, while actually there was none, except that the staff wanted/ demanded some cash gratification for returning it after a week, which i refused and chastized him for!
Any rulings on such cases??
Anup
Shonee Kapoor
(Expert) 17 April 2012
What were you doing for so many years????
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Anup
(Querist) 18 April 2012
Trying to implead, verbally, with the staff & officers of the Sub Registrar office only.
As, they all said, "You can't get anything from our office by complaining against us. We are ttrying our best to find a way & opportunity, to get your document back from the culprits, whom we can ill afford to confront directly!"
The officials here, do not hesitate in accepting that they are practcally scared of the unionism/ hooliganism of the subordinate staff, through whom alone they have to get the entire work done. It also implies their culpablity; but even the CBI here showed inability to assure me of any success.
Now, what we need is any precedence to support my contention that my presentation of A VALID AGREEMENT TO SELL IS TO BE TREATED AS THE INITIATION OF PROCEEDINGS FOR SALE DEED EXECUTED FINALLY ON 21/ 03/ 2012?
Anup
(Querist) 18 April 2012
I am attending the court of the ADM (F & R) tomorrow, for Arguments, in my case by a High Court Advocate.
The DGC from the Govt. side shall oppose, my objections, as per already declared statements of all the officers of the Stamps & Registration department. They say/ assert, "Even the Governor has no power to remit/ reverse what they (the Sub registrar forwards, in any case. And, even if he does in any case, they shall go to the High Court; and if needed get the Act amended."
What beats my modest understanding of NATURAL JUSTICE PRINCIPLES SAID TO BE FOLLOWED BY SUCH ADMINISTRATIVE COURTS is that why the Collector isn't allowed any discretion to condone/ reduce the reported "Shortage of Stamps Duty" in cases which prove culpablity of the department?
I am attaching copy of my Objections Filed, on 16th April, for your kind perusal, please.
The court is most likely to fix another date, for judgement, sometimes within a week, on my request.
May be, I could get some citation, on similar grounds, to support my contention, with your kind help.
