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| HC stays recovery of stamp duty | | | ERLY TIMES REPORT
Jammu, January-01 (JNF):- In a controversial case of recovery of stamp duties allegedly Rs 17, 07, 16, 867/- from the owners of land measuring 52 Kanal 18 Marlas situated at Village Kundorian, Katra (on which land the White Hotel is situated), Justice Hasnain Massodi of J&K High Court Jammu Wing after hearing Sr. Adv ZA Shah with Adv Vikram Sharma appearing for the petitioner Harbans Naraina, issued notice to the respondents State of J&K through Commissioner/Secretary Finance Dept, Commissioner of Stamps J&K Govt and Deputy Commissioner Collector (Stamps) Jammu returnable within two weeks and in the meanwhile orderered status-quo as regards recovery of Rs 17, 07, 16, 867/- till next date of hearing.
This significant order issued in a petition filed by Harbans Narina in which it has been submitted that he had previously leased out the land to a company namely SIM SAM Hotels Pvt Ltd for a period of 33 years on a yearly reserved rent and the sale deed was proceeded before the Sub-Registrar Katra after being satisfied that the stamp duty as warranted under law had been paid, the Sub-Registrar Katra registered the deed on January 4, 2011. The land was transferred for a consideration of Rs 35 lacs. It is further submitted that on September 13, 2011 office of the collector/deputy commissioner of Stamps Jammu issued notice of demand to the petitioner Harbans Singh Naraina for recovery of Rs 14, 71, 69, 713 stamp duty and penalty Rs 2, 35, 47, 154, total rupees 17, 07, 16, 867/-. On this notice the petitioner filed an appeal before Commissioner Stamps J&K which was dismissed and after that petitioner approached High Court seeking quashment of order dated December 13, 2011 passed by Commissioner Stamps.
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