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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.
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.
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