Stamp Duty Amnesty Scheme, 2023
by Abhiraj Gandhi† and Nirali Shah††
Cite as: 2024 SCC OnLine Blog Exp 12
stamp duty
Khaitan & Co acts as the legal counsel to Aditya Birla Finance Limited in relation to term loan facility aggregating up to INR 175 crores extended to My Home Constructions Private Ltd
DEAL DETAILS Aditya Birla Finance Limited | Construction finance Khaitan & Co acted as the legal counsel to Aditya Birla Finance Limited
[Section 35 Stamp Act] Insufficiently stamped documents cannot be prohibited from admission in evidence, if not chargeable with stamp duty: Supreme Court
“The object of the Stamp Act is to collect proper stamp duty on an instrument or conveyance on which such stamp duty is payable. Section 35 is a provision to cater for the instruments not being properly stamped and, as such, not being admissible in evidence”
Stamp Duty assessment dispute leaves no room for third-party intervention: Calcutta High Court
In the instant matter, the Calcutta High Court dismissed an application for addition of the applicant as a party in a writ petition challenging the assessment of stamp duty.
‘Certified copy’ of the original arbitration agreement suffice if duly stamped, declaration made and uncontroverted for the purpose of S. 11 Arbitration Act
The case relates as to how the statutory mandate under Section 11(13) of Arbitration and Conciliation Act, 1996 which aims at expeditious disposal of petitions under Section 11 of the Act, is harmonized with the obligation imposed vide the judgment N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd, (2023) 7 SCC 1, to act in tune with the statutory dictate of the Indian Stamp Act, 1899.
2023 SCC Vol. 7 Part 1
Arbitration and Conciliation Act, 1996 — Ss. 8, 11 and 7: Non-payment or deficient payment of stamp duty on substantive contract comprising/containing
Superior court’s reversal/modification of a question of law forming the basis of a judgment cannot be a ground for review; Delhi HC reiterates
“In certain situations, it may be expedient to leave it to the arbitrator to determine the issue as to whether stamping is insufficient, and if so, the arbitrator will take recourse to Section 33 of the Stamp Act, 1889.”
Delhi High Court directs Collector of stamps to adjudicate stamp duty payable within 30 days
If adjudication of any stamp duty payable involves any complexity/ extraordinary circumstances, the adjudication of stamp duty can be extended for a maximum period of three months from the date of application.
Whether stamp duty payable on sale deed to be calculated as per prevailing market value of property on execution date? Supreme Court answers
“Stamp Act in its application to Uttar Pradesh has been amended by the UP (Stamp Amendment Act 1952) and Article 23 of Schedule IB as applicable to UP.”
We Dissent! Here’s why 2 out of 5 Judges of Supreme Court ruled unstamped arbitration agreements are valid at pre-referral stage
The practice of dissent in judicial decision-making process plays a critical role in revealing constitutional commitment to deliberative democracy. Allowing judges to express differing views and engage in a dialogue about the law and its interpretation can potentially lead to a more nuanced and refined understanding of the law, as the Court grapples with competing interpretations and seeks to reconcile them in a principled manner.
[Majority View] Unstamped Arbitration Agreements are not valid in law: Supreme Court
The Five-Judge Bench of Supreme Court in 3:2 majority approved paragraphs 22 and 29 of Garware Wall Ropes case, and to this extent, also approved Vidya Drolia case.
“Stamp Duty is only payable for additional area purchased under Re-development Agreement”: Bombay High Court
Bombay High Court quashed two of State Government’s circulars, limited the stamp duty only to additional area purchased during redevelopment, and laid several pointers which shall apply further beyond the facts of the present matter.
Ready Reckoner Price cannot be the basis for determining compensation for land acquisition: SC declares Bombay HC’s decision per incuriam
Supreme Court: While reversing the impugned decision of the Bombay High Court, M.R. Shah* and B.V. Nagarathna, JJ., held that the prices
Reduction in stamp duty cannot lead to revenue splitting an instrument into two once it has already been charged under a correct charging provision: Supreme Court
Supreme Court: While dealing with a case under the Gujarat Stamp Act, 1958, the bench of Hemant Gupta and V. Ramasubramanian*, JJ has held that
In case of an application being filed under S.7 of IBC, will insufficiency of stamp duty be looked into? NCLT decides
National Company Law Tribunal, Mumbai: The Coram of H.V. Subba Rao, Judicial Member addressed the relevancy of insufficiency of stamp duty under
Payment of Stamp Duty vis-à-vis Resolution Plan under Insolvency and Bankruptcy Code, 2016
by Swarnendu Chatterjee† and Simran Bais††
Stamp Duty correctly payable on instruments typical in Redevelopment Projects: Bom HC to decide
Bombay High Court: The Division Bench of G.S. Patel and Madhav J. Jamdar, JJ., considered petitions which raised questions about the interpretation
Stamp duty slashed by 2% on flats priced below Rs 45 lakh vide Karnataka Stamp (Amendment) Act, 2021
On October 05, 2021, the State Government of Karnataka has issued the Karnataka Stamp (Amendment) Act, 2021 to further amend the Karnataka
Del HC | Does non-payment of stamp duty on a commercial contract invalidates arbitration agreement? Explained
Delhi High Court: Sanjeev Narula, J., decides a matter covering various aspects of the arbitration agreement. Instant petition under Section 11 of