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        Indian Laws

        HC adjudicated a dispute regarding stamp duty on a sale...

        Sale Certificate from Public E-Auction Triggers Lower 5% Stamp Duty Under Article 23, HC Quashes Enhanced Duty Demand

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                HC adjudicated a dispute regarding stamp duty on a sale certificate following a public e-auction by an Official Liquidator. The court held that stamp duty should be 5% under Article 23 of the Stamp Act, relying on precedents in Bell Tower Enterprises LLP and N.C. Suresh Kumar cases. The HC determined that the Sub-Registrar's enhanced duty demand was unjustified. Furthermore, the court ruled that a reference under Section 47-A is unauthorized for court-supervised public auctions, citing Supreme Court precedents. Consequently, the HC set aside the Sub-Registrar's demand, quashed Section 47-A proceedings, and allowed the appeal, directing a refund of excess duty with interest.
                                Note: It is a system-generated summary and is for quick reference only.
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