State of Rajasthan v. Indus Tower Ltd.
Case brief
What is this about?
State appeals against dismissal of its writ petitions on stamp duty levied on lease deeds executed in favour of a telecom infrastructure lessee. The lessee had claimed the concessional rate under an exemption notification of 05.03.2003. Holding the notification inapplicable to leases stipulating a refundable security deposit, the court allowed the appeals and set aside the orders of the Tax Board
What did the court decide?
Appeals allowed; the orders of the learned Single Judge and the Tax Board set aside; declared that notification dated 05.03.2003 does not apply to the class of leases executed in favour of Indus Tower