The Transfer of Property Act 1882, VAT + CST

[Jasbir Uppal]

Dated:- 13 th Oct. 2012 

 A lease of immovable property for manufacturing purposes shall be deemed to be a lease from year to year basis. As per section 107 of The Transfer of Property Act 1882

Provided that the State Government may from time to time, by notification in the Official Gazette, direct that leases of immovable property, other than leases from year to year, or for any term  not exceeding one year, such leases, may be made by unregistered instrument

That the Commercial Tax insist to pay the stamp duty along with registration application  or before the grant the registration under UPVAT even the leasing period is below one year. Because as per section107 of The Transfer of Property Act 1882 A lease of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument.

Pl. give the case law on such case and also the rate of stamp duty payable under U.P. Stamp act.

With regard

J.s.Uppal

Posts / Replies

[Pradeep Khatri]

Kindly refer the  India Stamp Act as amended and the UP Stamp Rules in this regard.