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2022 (1) TMI 1469

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..... on this is Rs. 9,99,475/-. There is no question therefore of allowing the stamp authorities to demand any other amount. There is certainly no question of a penalty. The Stamp duty will be paid by the Petitioner within two weeks from today - there will be no order as to costs. - G.S. PATEL AND MADHAV J. JAMDAR, JJ. For the Petitioner : Mr Mukesh Vashi, Senior Advocate, i/b MP Vashi Co For the Respondent : Mr SS Panchpor, AGP ORDER 1. The dispute is in a very narrow compass. We believe it can be disposed of at the stage of admission itself. 2. Rule. Respondents waive service. By consent, Rule is made returnable forthwith and the matter is taken up for hearing and final disposal. 3. The facts are that the Petitioner, a limited liability par .....

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..... tter dated 30th August 2021. However, Mr Vashi says, the Petitioner seems to have proceeded on an entirely incorrect basis at that time, justifying the value on account of the location of the land. On 7th October 2021, the Respondent issued a fresh demand notice asking for stamp duty of Rs. 22,78,800/- and penalty of Rs. 17,31,900/-. On 26th October 2021, the Petitioner through its Advocates sent a response saying that there was no question of the State Government or Collector of Stamps assessing the market value of the property since the Supreme Court- appointed Justice RM Lodha Committee had already accepted the market value. 6. We are in agreement with Mr Vashi, learned Senior Counsel for the Petitioners, that in the facts and circumstan .....

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..... e i.e. Rs. 1,66,57,920/- as a market value of the said land and complete all the registration of Certificate of Sale formalities and execute the transfer of plots in favor of the Petitioner. b. That a writ of certiorari or any other writ, order or direction be issued calling for the records and files of the case and after going into the legality and validity of the impugned order/demand notice dated 7th October, 2021 (Exhibit I) quash and set aside the same. 9. The Stamp duty calculated as per prayer clause (a) will be paid by the Petitioner within two weeks from today. We accept the statement to this effect by Mr Vashi made on instructions as an undertaking made to the Court. 10. In the facts and circumstances of the case, there will be no .....

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