1990 (12) TMI 339

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....86 by the respondent Pramod Kumar Gupta for a sum of ₹ 17,00,000. The sale was confirmed on November 6, 1986, and the High Court directed the issuing of the Sale Certificate under Order XXI, Rule 94, C.P.C. On the question of payment of stamp duty, the respondent contended that no duty was chargeable Under Section 147 of the 1957 Act. The learned single Judge of the High Court agreed with him and directed payment of only the stamp duty without surcharge for issuance of the Sale Certificate. The judgment was confirmed on appeal by a Division Bench. The petitioner-appellant Municipal Corporation of Delhi has challenged the High Court's decision in the present appeal. 3. Under the Provisions of Section 147 of the Act, duty is levied....

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....ot; in Section 147 of the Act has the same connotation as the word has under the Indian Stamp Act, the reference to which has been expressly made. Clause 14 of Section 2 of the Stamp Act gives an inclusive definition of the expression as referring to any document by which any right or liability is purported to be created, transferred, limited, extended, extinguished or recorded. Clause 10 of the said section states that "conveyance" includes a conveyance on sale and every instrument by which property, whether movable or immovable, is transferred inter vivos. The expression 'instrument of sale of immovable property' Under Section 147 of the Act must, therefore, mean a document effecting transfer. The title to the property i....