TaxTMI 
TaxTMI 
2026 (9) TMI 733
X X X X Extracts X X X X
X X X X Extracts X X X X
....n fee paid by the petitioners on the lease deed dated 04.12.2003 without interest within a period of four weeks from the date of the order. The writ petition has been filed with the prayers as under :- "10. In the premises aforesaid, the petitioner prays as under:- A. You Lordship be pleased to issue a writ of mandamus or a writ in nature of mandamus or any other appropriate writ, order or direction declaring the collection of the stamp duty on the land-lease transaction between the petitioner and the respondent no. 3 being illegal, arbitrary and without any authority of law. B. You Lordship be pleased to issue a writ of mandamus or a writ in mature of mandamus or a by other appropriate writ, order or direction Commanding the respondent to refund the stamp duty and the registration fees paid by the petitioner on the land lease deed with the respondent no. 3 forthwith along with interest the reopen. C. Pending notice, admission and final herein of this petition You lordship be pleased to direct the respondent no. 1 to refund the stamp duty and the registration fees paid by the petitioner on the land lease deed with the respondent No. 3 on appropri....
X X X X Extracts X X X X
X X X X Extracts X X X X
....idered. The Transfer of Property Act refers to the transfer of property and manner in which the right, title and interest in the property could be transferred. Section 5 of the Transfer of Property Act provides that "Transfer of property" defined. "transfer of property" means an act by which a living person conveys property, in present or in future, to another. Further the mortgaged which referred to transfer of an interest in an immoveable property is also provided and, therefore, lease by which the right, title or interest in the land is sought to be transferred would also amount to a transfer but may not be a sell as provided in Section 54. However, Section 105 of the Transfer of Property Act refers to 'a lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms'. Therefore any such agreement between the parties with regard to the intention to create interes....
X X X X Extracts X X X X
X X X X Extracts X X X X
....alization, encouraging and facilitating an entrepreneur to put up and set up the industries, plots/shades are given by such Government Corporation by GIDC by way of lease. It is on the basis of such allotment of the plot by way of lease, the industrial units get necessary power connection as well as finance from the financial institution like banks. Further it is well accepted rule of interpretation that there has to be purposive interpretation which has consonance with the purpose and which is sought to be achieved by the Legislature or the Ordinance or the policy. Therefore once it is accepted that the submission that it is not a transfer of land as provided in the Ordinance and, therefore, the lease agreement is covered cannot be accepted. 12. Therefore once it is accepted that even limited transfer of interest in the land by way of lease agreement would also amount to transfer of land for the purpose of fiscal benefits as provided in the Ordinance, which would make the units like the petitioner for the entitle for the benefit. 13. Another facet of argument that the Ordinance was issued on 10.02.2004 and the policy has been made in 2007 and the lease agreement ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....y not be a ground to deny the benefits under the Ordinance to the investors like the petitioner on the ground of promissory estoppel. Law regarding promissory estoppel is well settled and useful reference can be made to the judgment of the Hon'ble Apex Court in case of Mahabir Vegetable Oils (P) Ltd. & Anr. Vs. State of Haryana & Ors., reported in (2006) 3 SCC 620. Therefore, when the promise has been held out on the ground of policy to provide fiscal benefit and the purposes were altered by making their investment, it cannot be declined on the ground of promissory estoppel. Further in case of Bannari Amman Sugars Ltd. Vs. Commercial Tax Officer & Ors., reported in (2005) 1 SCC 625, the Hon'ble Apex Court has made observation as under : "In order to invoke the doctrine of promissory estoppel clear, sound and positive foundation must be laid in the petition itself by the party invoking and doctrine the bald expressions without any supporting material to the effect that the doctrine is attracted because the party invoking the doctrine has altered its position relying on the assurance of the Government would not be sufficient to press into aid the doctrine. The Courts are bou....
X X X X Extracts X X X X
X X X X Extracts X X X X
....t will accord to promote the development of SEZ. 8. It was decided that the Policy will apply to all SEZ in the State including the existing ones, subject to framework of SEZ determined by the Government of India from time to time. Clause 6 of the policy dated 19.07.2002 as per the Resolution of Industries and Mines Department of the State provides for complete exemption of stamp duty and registration fee including sales tax, VAT, etc. 9. The reasoning given by the learned Single Judge that when the policy was made and the Ordinance for Special Economic Zone has been promulgated for giving a boost to the industries and invite the people for setting up the industries holding out to give the benefits including the fiscal benefits as stated above, same cannot be denied on the contention of the respondent no.2 that the transfer of land by way of lease is not covered as there was no transfer of land. 10. Dealing with the argument of the learned counsel for the respondent that the lease agreement is prior to the date of Ordinance and the benefit under the Ordinance could be availed only from the date on which the Ordinance was brought into force, it was noted that the moot quest....