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july 2013

Supreme Court of India · 2013-07-26

STATE OF U.P.NOW UTTARAKHAND vs VINIT TRADERS & INVESTMENT LTD.

Citation / case number
SC 2011/40642
Court
Supreme Court of India
Petitioner
STATE OF U.P.NOW UTTARAKHAND
Respondent
VINIT TRADERS & INVESTMENT LTD.
Author
V. GOPALA GOWDA G.S. SINGHVI
Bench
V. GOPALA GOWDA G.S. SINGHVI

Judgment text excerpt

The Supreme Court addressed the issue of whether a sale deed executed by Aditya Mills Ltd. in favor of Vinit Traders could be treated as a lease deed for stamp duty purposes under Section 47A(2) of the Indian Stamp Act, 1899. The Court held that the nature of the transaction must be determined based on the intention of the parties and the substance of the transaction rather than its form. The appeal was allowed, affirming the High Court's decision that the deed was indeed a sale and not a lease, thus upholding the stamp duty paid.

STATE OF U.P.NOW UTTARAKHAND vs VINIT TRADERS & INVESTMENT LTD. · Niyam