Transfer duty on release deeds cannot be imposed by implication when the statute lists only specified instruments.

Section 147 of the Delhi Municipal Corporation Act, 1957 authorises transfer duty only on the instruments specifically enumerated in the provision, and liability cannot be extended by inference or analogy in fiscal . A deed of release or relinquishment executed in favour of an existing co-owner remains a release deed because the releasee already has a pre-existing interest in the property; it does not become a gift deed merely due to the identity of the beneficiary. On that construction, a circular treating release deeds as chargeable instruments could not be sustained, and such a release deed is not chargeable to transfer duty under the provision.

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Issues: Whether a deed of release or relinquishment executed in favour of a co-owner attracts transfer duty under Section 147 of the Delhi Municipal Corporation Act, 1957, and whether such an instrument can be treated as a gift deed for that purpose.

Analysis: Section 147 of the Delhi Municipal Corporation Act, 1957 authorises levy of duty only on the instruments specifically enumerated therein. The provision refers to sale, exchange, gift, mortgage with possession, lease in perpetuity and contract for transfer of immovable property, but does not mention a release deed. The governing principle in fiscal legislation is that liability cannot be imposed by inference, analogy or presumed intention; the statutory words must be applied as written. The distinction between a release deed and a gift deed is well recognised. A release deed operates where the releasee already has a legal interest in the property and the releasor's act enlarges that pre-existing right. A document styled as a release deed does not become a gift deed merely because it is executed in favour of one co-owner rather than all co-owners, and a co-owner may validly relinquish his share in favour of another co-owner. On that construction, the impugned circular treating release deeds as instruments chargeable to transfer duty could not stand.

Conclusion: The deed of release was not chargeable to transfer duty under Section 147 of the Delhi Municipal Corporation Act, 1957, and the petitioner succeeded in challenging the respondent's demand.

Ratio Decidendi: In a taxing provision, only the instruments expressly covered by the statute can be subjected to duty, and a release deed executed in favour of an existing co-owner cannot be converted into a gift deed or taxed by implication when it is not among the enumerated instruments.

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