BOARD OF REVENUE. U.P. vs M/S. ELECTRONIC INDUSTRIES OF INDIA

The Supreme Court addressed the applicability of Section 67-H(1) of the U.P. Town Improvement Act, 1919, concerning the increased stamp duty on deeds of transfer of immovable property. The Court held that a mortgage deed, on which only the stamp duty under the Indian Stamp Act, 1899 has been paid, is subject to the penal provisions of the Stamp Act, including impounding under Section 33 and penalties under Section 40. The High Court's ruling in favor of the respondent was overturned, establishing that both duties must be paid for the document to be valid.