Dismissed

Ashish Agnihotri v. State of U P and 2 Others

Allahabad HC1 Nov 2018WRIC/36568/2018

Case brief

AI extract

What is this about?

This single-judge court dismissed a writ petition challenging an appellate order that reduced a stamp duty penalty from nearly Rs. 9.3 lakh to Rs. 20,000 on the petitioner's consent to pay deficiency. The court held that since a significant concession was already made, no ground existed to entertain the petition. (1 para)

What did the court decide?

dismissal of the writ petition challenging the order reducing the penalty to Rs. 20,000.

Ashish Agnihotri Vs State of U P and 2 Others — Allahabad HC (2018) — LawSathi Research

¶1

Court No. - 30 Case :- WRIT - C No. - 36568 of 2018 Petitioner :- Ashish Agnihotri Respondent :- State Of U P And 2 Others Counsel for Petitioner :- R.K. Mishra Counsel for Respondent :- C.S.C. Hon'ble Vivek Kumar Birla,J.

¶2

Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State respondents.

¶3

Present petition has been filed for quashing the order dated 20.8.2018 passed by Deputy Commissioner Stamp Kanpur / Respondent no. 2 in Appeal No. 117/Stamp of 2018-19 (Computerized No. 201803000000478) as well as order dated 30.12.2017 passed by Additional Collector / Additional District Magistrate (Finance and Revenue) Kannauj in Stamp Case No. D2016033900489 under Section 47A(3) of Indian Stamp Act.

¶4

Vide order dated 30.12.2017 passed by the Additional Collector / Additional District Magistrate (Finance and Revenue), Kannauj in Stamp Case No. D2016033900489 under Section 47A(3) of Indian Stamp Act. In proceedings under Section 47A (3) of the Indian Stamp Act deficiency of Rs. 9,47,830/- was found and penalty of the equal amount was imposed with 1.5% simple interest from the date of execution of the sale deed dated 19.2.2016 till the actual payment is made. The petitioner filed appeal being Appeal No. 117/Stamp of 2018-19 (Computerized No. 201803000000478). In the aforesaid appeal the petitioner moved an application and consent that he is willing to deposit the deficiency of stamp duty, however, he prayed that the penalty may be reviewed.

¶5

Noticing the aforesaid consent and prayer the petitioner was permitted to deposit the deficiency of stamp, however, the penalty of Rs. 9,27,830/- was reduced to Rs. 20,000/- only and the direction regarding payment of interest was maintainable.

¶6

The petitioner has apparently filed this petition by taking u-turn and is now challenging the aforesaid also claiming refund of the amount.

¶7

I do not find any good ground to entertain the present petition inasmuch as by the appellate order on the consent of depositing the deficiency of stamp duty a concession of Rs. 9,07,830/- has already been given by reducing the penalty.

¶8

Present petition is accordingly dismissed.

¶9

Order Date :- 1.11.2018 Lalit Shukla

Ashish Agnihotri v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

Ashish Agnihotri v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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