The petitioner had taken a loan from the Bank for the purchase of combined machine and hypothecated the said machine by way of a document on a stamp paper of Rs.100/-. However, a demand towards deficient stamp duty has been raised along with penalty at Rs.35,100/- by the Assistant Commissioner, Stamp, Mahrajganj, which has been confirmed in appeal.
Learned counsel for the petitioner submitted that the demand is patently illegal.
Learned Standing Counsel prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, the realization of demand towards additional stamp duty and penalty shall remain stayed.
Order Date :- 24.2.2011 OP