Supreme Court of India · 2010-10-27
State Of Uttaranchal & Ors vs M/S. Khurana Brothers
- Citation / case number
- AIR 2011 SUPREME COURT 224
- Court
- Supreme Court of India
- Petitioner
- State Of Uttaranchal & Ors
- Respondent
- M/S. Khurana Brothers
- Author
- R.M. Lodha
- Bench
- R.M. Lodha, P. Sathasivam
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the writ petitioners, Khurana Brothers, are not liable to pay stamp duty on the contract of sale for crude resin, as the transaction did not constitute a 'sale' under the relevant provisions of the Stamp Act. The Court clarified that the nature of the contract, being a public auction conducted by the Forest Department, does not attract stamp duty obligations. Consequently, the appeals by the State of Uttaranchal were dismissed, affirming the High Court's ruling.