TaxTMI 
TaxTMI 
2022 (11) TMI 218
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....r leave to either impound itself the transfer deeds and collect the appropriate stamp duty alongwith the penalty, if any, or otherwise may refer the instruments "Transfer Deed (Form 7B)" to the District Registrar/Collector, Hyderabad for the collection of the deficit stamp duty and penalty by impounding the same, in the interest of justice. 2. It is stated that the Respondent/Petitioner has raised a ground that the transfer deeds which are marked in the evidence are not properly stamped as according to the Indian Stamp Act. 3. It is stated that the procedure has been contemplated under Section 33 of the Indian Stamp Act wherein a deficiently stamped document can be impounded by the person in-charge of the public office or by the Collector....
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....rom any penalty which he may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid. 32. Certificate by Collector- (1) When an instrument brought to the Collector under section 31, is, in his opinion, one of a description chargeable with duty, and-- (a) the Collector determines that it is already fully stamped; or (b) the duty determined by the Collector under section 31, or such a sum as, with the duty already paid in respect of the instrument, is equal to the duty so determined, has been paid, the Collector shall certify by endorsement on such instrument that the full duty (stating the amount) with which it is chargeable has been paid. (2) When such ....
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.... duly stamped, impound the same. (2) For that purpose every such person shall examine every instrument so chargeable and so produced or coming before him in order to ascertain whether it is stamped with a stamp of the value and description required by the law in force in [India] when such instrument was executed or first executed: Provided that-- (a) nothing herein contained shall be deemed to require any Magistrate or Judge of a Criminal Court to examine or impound, if he does not think fit so to do, any instrument coming before him in the course of any proceeding other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 (5 of 1898); (b) in the case of a Judge of a High Court, the duty of ex....
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....and opposed the application orally contending that the application is not maintainable in as much as the very plea of transfer of shares of the 1st Respondent itself is not sustainable and untenable and the transfer deeds is void ab initio. 7. In the light of the same, the point that emerges for consideration is: Whether the Petitioner can be permitted to pay deficit stamp duty alongwith the penalty, if any, upon adjudication by this Tribunal, District Registrar/Collector, Hyderabad on the original transfer deed (Form 7-B) on a document which was marked without any objection? 8. We have heard Mr. G. Jagadish, Learned Counsel for Applicant and Mr. M.S. Prasad, Learned Senior Counsel for Respondent 1. 9. At the outset, it may be stated t....
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....ling of the Hon'ble Supreme Court of India, in the matter of Javer Chand and Others vs. Pukhraj Surana on 25.04.1961, has held that- "In our opinion, the High Court misdirected itself, in its view of the provisions of Section 36 of the Stamp Act, section 36 is in these terms:- "Where an instrument has been admitted in evidence, such admission shall not, except as provided in Section 61, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped" That section is categorical in its terms that when a document has once been admitted in evidence, such admission cannot be called in question at any stage of the suit or the proceeding on the ground that the instrument had ....
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....ed on the following ruling of the Hon'ble High Court of Bombay, in re, Priya vs. Parushuram Printers and others reported in the wherein it has been held that- "In above circumstances, in my opinion, the Trial Court must have accepted the request of the present petitioner i.e. original defendant No. 4 to the extent of impounding of the said document. As I noted earlier, though the admissibility of the said document in evidence cannot be questioned in view of the provisions under Section 35 of the Stamp Act, the same would not operate as a bar for impounding of the document in question". Hon'ble High Court of Karnataka, in re, Smt. Savithramma R.C. vs. M/s. Vijaya Bank and Another reported in ILR 2015 KAR 1984 (page 62) where....