Is it mandatory for the successful auction purchaser to deposit the stamp duty for the sale certificate to be issued to it? Supreme Court answers
- Royzz & Co
- Nov 27, 2024
- 1 min read
In a recent case before the Supreme Court, the court deliberated upon the necessity of deposit the stamp duty by the successful auction purchaser, towards the sale certificate as per the provisions of the Stamp Act and the Registration Act.
The Court held that a sale certificate issued to the purchaser in pursuance of the confirmation of an auction sale is merely evidence of such title and does not require registration under Section 17(1) of the Registration Act.
The court opined that mere filing under Section 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority.
However, as per the Articles 18 and 23 respectively of the first schedule to the Stamp Act respectively, when the auction purchaser presents the original sale certificate for registration, it attracts a stamp duty in accordance with the said Articles.
As such, as long as the sale certificate remains as it is, it is not compulsorily registrable. It is only when the auction purchaser uses the certificate for some other purpose that the requirement of payment of stamp duty, etc. arises.
In The Supreme Court of India
Civil Appellate Jurisdiction
Civil Appeal No.12527 Of 2024
(Arising out of SLP(C) No.23347 of 2014)
The State of Punjab & Anr. Appellant(S)
Versus
M/S Ferrous Alloy Forgings P Ltd. & Ors. Respondent(S)
The link to the judgement is :
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