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october 2010

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.

State Of Uttaranchal & Ors vs M/S. Khurana Brothers · Niyam