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Judgment
The Court: Petitioner appears in person and submits that he is presently in an arbitration against two parties being respondent nos. 5 and 6. In the said
arbitration proceedings an agreement for sale was found to be insufficiently stamped and, accordingly, impounded by the arbitrator and sent to the
Office of the Collector, Stamp Revenue, and Kolkata for adjudication. The Office of the Collector of Stamp Revenue on November 16, 2017 has
carried out the assessment at Rs.25, 00,000/- (Twenty five lakhs). It is the petitioner’s case that the said amount is not correct and much lower
than what is the valuation on date. He further submits that the Collector has failed to sufficiently put penalty on the impounded document.
The Collector of Stamp Revenue are represented by their Officers who submit that the valuation has been carried out by the Inspector General of
Registration and the stamp duty has been assessed at Rs.23, 69,640/- (Twenty three lakhs sixty nine thousand six hundred and forty) only and penalty
under section 35 of Indian Stamp Act, 1899 at Rs.1, 30,360/- (One lakh thirty thousand three hundred and sixty) totaling to Rs. 25, 00,000/- (Twenty
five lakhs). It is their submission that the above valuation is based on the valuation on the date of the signing of the agreement being the year 2010. He
further submits by convention they add a minor amount as penalty on such impounded documents.
The writ petitioner submits that the action of the respondent authorities is against the principles established in law and against the provisions of the
Indian Stamp Act, 1899.
In view of the dispute raised by the party, it is clear the same cannot be decided without giving an opportunity to the respondents to file affidavit.
Accordingly, affidavit-in-opposition to be filed within three weeks, reply to be filed within one week thereafter.
Liberty to mention for addition in the list.
Affidavit-of-service filed be kept with the record.