PLRonline.in
  • Home
  • A
    • A
    • Account
    • Admission
    • Adoption
    • Advocate
    • Agreement
    • Alternate Remedy
    • Annual Confidential Reports (ACR)
    • Arbitration Act, 1940
    • Arbitration and Conciliation Act, 1996
  • B
    • B
    • Bail
    • Banking
      • Bank Guarantee
  • C
    • C
    • Charge / Charge Sheet
    • CPC
      • CPC – Sections
      • CPC – Orders and Rules
    • Commercial Courts Act, 2015
    • Companies Act
    • Constitution of India
    • Consumer Protection Act
    • Contempt of Courts Act, 1971
    • Contract Act
    • Contract Labour (Regulation and Abolition) Act, 1970
    • Court
    • Court Fees Act, 1870
    • Criminal Trial
      • Charge / Charge Sheet
    • CrPC (Criminal Procedure Code)
    • Customs Act, 1962
  • D
    • D
    • Disciplinary Proceedings
    • Dying Declaration
  • E
    • E
    • East Punjab Urban Rent Restriction Act, 1949
    • Electricity Act, 2003 (36 of 2003)
    • Employees Compensation Act, 1923 (8 of 1923),
    • Evidence
    • Evidence Act, 1872
  • F
    • F
    • Family Courts Act, 1984
    • FIR ( First Information Report)
  • G
    • G
    • Genealogy
    • General Clauses Act, 1897
  • H
    • H
    • Habeas Corpus
    • Handwriting expert
    • Haryana Acts
      • Haryana Municipal Act, 1973 (24 of 1973)
      • Haryana Municipal Election Rules, 1978
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Hindu Joint Family
    • Hindu Marriage Act, 1955
  • I
    • I
    • IBC – Insolvency and Bankruptcy Code
    • Insolvency and Bankruptcy Board of India
    • Industrial Disputes Act, 1947
    • Information Technology Act
    • Insurance
    • Interpretation
    • Interpretation of Statutes
    • IPC
  • J
    • J
    • Judgment and Orders
    • Judicial Restraint / Judicial Adventurism
  • L
    • L
    • Land Acquisition Act, 1894
    • Legal Services Authorities Act, 1987
    • Limitation Act, 1963
  • M
    • M
    • Maintenance and Welfare of Parents and Senior Citizens Act
    • Marriage
    • Maternity Benefit Act, 1961
    • Micro, Small And Medium Enterprises Development Act (MSME, Act)
    • Mortgage
    • Motor Vehicles Act, 1988
    • Mutation
  • N
    • N
    • Narcotic Drugs And Psychotropic Substances Act (NDPS)
    • National Highway Act, 1956
    • Natural Justice
    • Negotiable Instruments Act (NIA)
  • O
    • O
  • P
    • P
    • Punjab Acts / Rules etc.
      • East Punjab Urban Rent Restriction Act, 1949
      • Punjab Jail Manual
      • Punjab Police Rules, 1934
      • Punjab Regional And Town Planning And Development Act, 1995
      • Punjab State Agriculture Produce Markets Act, 1961
      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
    • Partnership Act, 1932
    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
    • Perjury
    • Practice and Procedure
    • Prevention of Corruption Act
    • Principle of estoppel or acquiescence
    • Prisons Act, 1894
    • Proclaimed offender
    • Prohibition of Benami Property Transactions Act, 1988
  • R
    • R
    • RERA
    • Recovery of Debts and Bankruptcy Act, 1993
    • Registration Act, 1908
    • Representation of the People Act, , 1951
  • S
    • S
    • Sale of Goods Act
    • Sarfaesi
    • Securities and Exchange Board of India Act, 1992
    • Service Matters
    • Service of orders on a government servant
    • Sexual Offence
    • Special Marriage Act, 1954
    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Succession Act
    • Suit for recovery of Money
  • T
    • T
    • Tenancy and Rent Act
      • East Punjab Urban Rent Restriction Act, 1949
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Trade Unions Act
    • Transfer of Property Act, 1882
  • V
    • Voice recording
  • W
    • Wakf Act, 1955
    • Words and Phrases
  • Login
  • Register
  • LATEST
  • ARB
  • BANKING
  • CIVIL
  • CPC
  • CRIMINAL
  • COI
  • CONS
  • HMA
  • IBC
  • MVA
  • NIA
  • SERVICE
  • Rent
Thursday, January 15, 2026
  • LATEST
  • ARB
  • BANKING
  • CIVIL
  • CPC
  • CRIMINAL
  • COI
  • CONS
  • HMA
  • IBC
  • MVA
  • NIA
  • SERVICE
  • Rent
PLRonline.in
  • LATEST
  • ARB
  • BANKING
  • CIVIL
  • CPC
  • CRIMINAL
  • COI
  • CONS
  • HMA
  • IBC
  • MVA
  • NIA
  • SERVICE
  • Rent
Home Stamp Act

Stamp Act S. 35(a) – Distinction between the stamp duty payable at the time of execution of the agreement to sell evidencing delivery of possession in the context of the amendment brought in Entry no.5 in Schedule 1-A as applicable to the State of Punjab

by PLRonline
February 25, 2023
in Stamp Act
Reading Time: 3 mins read
0
325
SHARES
2.5k
VIEWS
Share on FacebookShare on Twitter
PRINT

2020 PLRonline 5203

Punjab and Haryana High Court

JUSTICE ANIL KSHETARPAL.

Narinder Kapoor v. Inderjit Since Deceased Thru Lr

CR-1931-2017 (O&M) and CR-3172-2018 (O&M)

12.02.2020

Indian Stamp Act, 1899 (2 of 1899, Section 35(a) – Distinction between the stamp duty payable at the time of execution of the agreement to sell evidencing delivery of possession in the context of the amendment brought in Entry no.5 in Schedule 1-A as applicable to the State of Punjab and Entry no.5, Clause ‘CC added by the Indian Stamp (Punjab Amendment) Act 2001 notified on 21.12.2001 – Whereas Entry no.23 was amended by the Indian Stamp  (Punjab Amendment) Act, 2007, with effect from 25.01.2008 – Agreement to sell  followed by or evidencing delivery of possession of the immovable property agreed to be sold, shall be leviable with same stamp duty as is leviable under Sub Column No.2 of Column No.2 of Entry No.23 of Schedule 1-A as amended by State of Punjab.

Held,

 Now let us examine Entry No.23 which is with respect to the documents which are conveyance or deemed to be conveyance. Although, as noticed above, the agreement to sell followed by or evidencing  delivery of possession does not fall in the definition of the word ‘conveyance’, however, in view of Entry No.5 for the purpose of stamp duty payable, Entry No.23 is applicable.

However, it is important to note that Column No.2 has been divided in two different sub-columns. Sub-Column No.1 of Column No.2 give the rate at which the stamp duty is payable where the conveyance amounts to sale of immovable property. In other words, the duty payable under Sub-Column No.1 of Column No.2 would be leviable only when the conveyance amounts to sale of property. An agreement to sell does  not amounts to sale of immovable property. Thus, the stamp duty payable on agreement to sell followed by or evidencing delivery of possession would be regulated by Sub-Column No.2 of Column No.2. It needs to be clarified that stamp duty shall be payable on the amount paid/payable under the agreement to sell by the intended purchaser (vendee) to the intended seller (vendor) and not on the entire sale consideration. The reason is obvious, because of the language of Column No.2 with respect to Entry No.5. The duty which is to be charged at the time of entering  into agreement to sell is subject to the adjustment of duty chargeable at the time of execution of the conveyance made in pursuance of such agreement. If the Court interprets that the same duty shall be charged as is leviable on the total sale consideration agreed to between the parties, the second part of Entry No.5 in Column No.2 would be rendered otiose.

Legislature, in the considered view of this Court, never intended that the entire stamp duty as is payable on the conveyance deed, be recovered at the time of agreement to sell. Had this been the intention, then the second part in Column No.2 of Entry No.5, would not have in the statute.

[Para 4, 5, 6]

2020-PLRonline-5203Download
Tags: Agreement to sellagreement to sell - Stamp dutyConveyance deeddefPunjab and HaryanaStamp ActStamp Act S. 35Stamp Act S. 35(a)Stamp duty
Previous Post

CPC O. 21 – Decree – If amount is deposited, or paid to decree holder or person entitled to it, the person entitled to the amount cannot later seek interest on it – If dep[opsited in court mandatorily should be deposited in a bank

Next Post

Partnership Act, 1932 – Bar of Section 69(2) – Suit, filed by an unregistered partnership firm – To attract the bar  the contract in question must be the one entered into by firm with the third-party defendant and must also be the one entered into by the plaintiff firm in the course of its business dealings

Related Posts

Stamp Act,  S. 35, 47-A –   A document once registered, the Registering Authority, ceases to have any control over the document and it becomes a functuous officio the moment he loses the control over the document
Stamp Act

Stamp Act,  S. 35, 47-A –  A document once registered, the Registering Authority, ceases to have any control over the document and it becomes a functuous officio the moment he loses the control over the document

January 9, 2026
Specific Performance Denied but Lump Sum Compensation Awarded
CIVIL

Specific Performance Denied but Lump Sum Compensation Awarded

January 9, 2026
“Vendors Cannot Escape Contract After Accepting Additional Payment Post-Deadline”
1963

“Vendors Cannot Escape Contract After Accepting Additional Payment Post-Deadline”

November 1, 2025
Arbitration and Conciliation Act, 1996

Termination of Arbitral Proceedings for Non-Filing of Statement of Claims — Not an Arbitral Award under Section 25(a)

October 27, 2025
Next Post

Partnership Act, 1932 - Bar of Section 69(2) - Suit, filed by an unregistered partnership firm - To attract the bar  the contract in question must be the one entered into by firm with the third-party defendant and must also be the one entered into by the plaintiff firm in the course of its business dealings

LATEST

  • High Court’s Limits under CrPC S. 439: No Blanket Orders in POCSO Bail Matters – Sets aside HC direction mandating age verification tests in all POCSO cases during bail hearings. January 12, 2026
  • District Magistrate’s Powers Under SARFAESI Act Section 14 Are Ministerial and Not Adjudicatory January 11, 2026
  • Bail for S. 319 CrPC Accused January 10, 2026
  • Ratification of Power of Attorney Acts – Effect on Limitation – Specific Relief Act January 9, 2026
  • Stamp Act,  S. 35, 47-A –  A document once registered, the Registering Authority, ceases to have any control over the document and it becomes a functuous officio the moment he loses the control over the document January 8, 2026
  • Motor Vehicles Act, 1988 – Ss. 163A and 166 – Nature of claim – Application mentioning S. 163A but averments alleging rash and negligent driving January 8, 2026
  • Specific Performance Denied but Lump Sum Compensation Awarded January 6, 2026
  • Home
  • A
  • B
  • C
  • D
  • E
  • F
  • G
  • H
  • I
  • J
  • L
  • M
  • N
  • O
  • P
  • R
  • S
  • T
  • V
  • W

© 2021 PLRonline.in - Punjab Law Reporter - Since 1900 SC ejournal.

  • Home
  • A
    • A
    • Account
    • Admission
    • Adoption
    • Advocate
    • Agreement
    • Alternate Remedy
    • Annual Confidential Reports (ACR)
    • Arbitration Act, 1940
    • Arbitration and Conciliation Act, 1996
  • B
    • B
    • Bail
    • Banking
      • Bank Guarantee
  • C
    • C
    • Charge / Charge Sheet
    • CPC
      • CPC – Sections
      • CPC – Orders and Rules
    • Commercial Courts Act, 2015
    • Companies Act
    • Constitution of India
    • Consumer Protection Act
    • Contempt of Courts Act, 1971
    • Contract Act
    • Contract Labour (Regulation and Abolition) Act, 1970
    • Court
    • Court Fees Act, 1870
    • Criminal Trial
      • Charge / Charge Sheet
    • CrPC (Criminal Procedure Code)
    • Customs Act, 1962
  • D
    • D
    • Disciplinary Proceedings
    • Dying Declaration
  • E
    • E
    • East Punjab Urban Rent Restriction Act, 1949
    • Electricity Act, 2003 (36 of 2003)
    • Employees Compensation Act, 1923 (8 of 1923),
    • Evidence
    • Evidence Act, 1872
  • F
    • F
    • Family Courts Act, 1984
    • FIR ( First Information Report)
  • G
    • G
    • Genealogy
    • General Clauses Act, 1897
  • H
    • H
    • Habeas Corpus
    • Handwriting expert
    • Haryana Acts
      • Haryana Municipal Act, 1973 (24 of 1973)
      • Haryana Municipal Election Rules, 1978
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Hindu Joint Family
    • Hindu Marriage Act, 1955
  • I
    • I
    • IBC – Insolvency and Bankruptcy Code
    • Insolvency and Bankruptcy Board of India
    • Industrial Disputes Act, 1947
    • Information Technology Act
    • Insurance
    • Interpretation
    • Interpretation of Statutes
    • IPC
  • J
    • J
    • Judgment and Orders
    • Judicial Restraint / Judicial Adventurism
  • L
    • L
    • Land Acquisition Act, 1894
    • Legal Services Authorities Act, 1987
    • Limitation Act, 1963
  • M
    • M
    • Maintenance and Welfare of Parents and Senior Citizens Act
    • Marriage
    • Maternity Benefit Act, 1961
    • Micro, Small And Medium Enterprises Development Act (MSME, Act)
    • Mortgage
    • Motor Vehicles Act, 1988
    • Mutation
  • N
    • N
    • Narcotic Drugs And Psychotropic Substances Act (NDPS)
    • National Highway Act, 1956
    • Natural Justice
    • Negotiable Instruments Act (NIA)
  • O
    • O
  • P
    • P
    • Punjab Acts / Rules etc.
      • East Punjab Urban Rent Restriction Act, 1949
      • Punjab Jail Manual
      • Punjab Police Rules, 1934
      • Punjab Regional And Town Planning And Development Act, 1995
      • Punjab State Agriculture Produce Markets Act, 1961
      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
    • Partnership Act, 1932
    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
    • Perjury
    • Practice and Procedure
    • Prevention of Corruption Act
    • Principle of estoppel or acquiescence
    • Prisons Act, 1894
    • Proclaimed offender
    • Prohibition of Benami Property Transactions Act, 1988
  • R
    • R
    • RERA
    • Recovery of Debts and Bankruptcy Act, 1993
    • Registration Act, 1908
    • Representation of the People Act, , 1951
  • S
    • S
    • Sale of Goods Act
    • Sarfaesi
    • Securities and Exchange Board of India Act, 1992
    • Service Matters
    • Service of orders on a government servant
    • Sexual Offence
    • Special Marriage Act, 1954
    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Succession Act
    • Suit for recovery of Money
  • T
    • T
    • Tenancy and Rent Act
      • East Punjab Urban Rent Restriction Act, 1949
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Trade Unions Act
    • Transfer of Property Act, 1882
  • V
    • Voice recording
  • W
    • Wakf Act, 1955
    • Words and Phrases

© 2021 PLRonline.in - Punjab Law Reporter - Since 1900 SC ejournal.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Click on the Bell Icon.

Download and Print outs

Subscribers can take a print out of the FULL JUDGMENT by clicking on the “PDF” printer sign on the top right (above the judgment)

 

Punjab Law Reporter

Full text with judgments is available only for Subscribers.

PLRonline.in Subscription also forms part of the Punjab Law Reporter annual subscription @ Rs. 2800/- (limited time offer)

PLRonline subscription @ Rs. 2200/- . Call 9463598502

Click here for activating Trial Pack

 

Save PLRonline.in APP!

Save

Supreme Court Online is also available on Whatsapp, Telegram, Instagram, Email. Join  us here!