Kamlesh P. Oza and Ors. Vs. The State of Maharashtra
EmailAppeal: Writ Petition (Civil) No. 379 of 1995
Petitioner: Kamlesh P. Oza and Ors.
Respondent: The State of Maharashtra
Apeal: Writ Petition (Civil) No. 379 of 1995
Judges: M.B. SHAH & S.N. VARIAVA, JJ.
Date of Judgment: Jul 20, 2000
Head Note:
STAMP DUTY
Bombay Stamp Act, 1958
Article 25(b)(1), Schedule I – Transfer of shares of Co-operative Society – Levy of duty – Legislative competence to levy duty. Held that in view of judg-ment in Hanuman Vitamin Foods (P) Ltd’s case (JT 2000 (8) SC 65) the transfer is dutiable as conveyance under Article 25 and question of legislative competence does not arise.
JUDGEMENT:
S.N. VARIAVA, J.
1. All the petitioners are nationals and citizens of India. They are all residents of Bombay. By this petition, under Article 32 of the Constitution of India, the petitioners seek to challenge levy of stamp duty on a transfer of shares in a Co-operative Housing Society on the basis that such agreements are conveyanc-es. It is contended by the petitioners that the State Legislature has no competence to levy stamp duty on transfer of shares in a Housing Co-operative Society, where the transferee, as an incid-ent of membership, is entitled to the use and occupation of the premises belonging to the Co-operative Society. The petitioners point out that this question is already pending in Civil Appeal No. 3707 of 1990 before this Court (Decided on 20-7-2000 reported in JT 2000 (8) SC 65). Thus, the questions raised in this petition are identical to those raised in Civil Appeal No. 3707 of 1990 viz., (a) whether the transfer of shares in the Co-operative Society is subject to levy of stamp duty under the Bombay Stamp Act, 1958 and (b) whether the State Legislature has legislative competence to levy stamp duty on a transfer of shares.
2. By a judgment passed today in Civil Appeal No. 3707 of 1990, (JT 2000 (8) SC 65) that Civil Appeal stands dismissed. For the reasons set out therein, this writ petition also stands dismissed.
1. All the petitioners are nationals and citizens of India. They are all residents of Bombay. By this petition, under Article 32 of the Constitution of India, the petitioners seek to challenge levy of stamp duty on a transfer of shares in a Co-operative Housing Society on the basis that such agreements are conveyanc-es. It is contended by the petitioners that the State Legislature has no competence to levy stamp duty on transfer of shares in a Housing Co-operative Society, where the transferee, as an incid-ent of membership, is entitled to the use and occupation of the premises belonging to the Co-operative Society. The petitioners point out that this question is already pending in Civil Appeal No. 3707 of 1990 before this Court (Decided on 20-7-2000 reported in JT 2000 (8) SC 65). Thus, the questions raised in this petition are identical to those raised in Civil Appeal No. 3707 of 1990 viz., (a) whether the transfer of shares in the Co-operative Society is subject to levy of stamp duty under the Bombay Stamp Act, 1958 and (b) whether the State Legislature has legislative competence to levy stamp duty on a transfer of shares.
2. By a judgment passed today in Civil Appeal No. 3707 of 1990, (JT 2000 (8) SC 65) that Civil Appeal stands dismissed. For the reasons set out therein, this writ petition also stands dismissed.
