Punjab and Haryana High CourtTax LawProperty and Real Estate Law

Mall Buyers’ 2001 Agreement Couldn’t Lock In 2001 Stamp Rates For 2013 Deed: P&H HC Upholds Rs 30.45-Lakh Demand, Declares Contrary View Not Good Law

Ved Prakash Vijh Thr His Lr And Anrv.State Of Punjab And Ors.

Mall Buyers’ 2001 Agreement Couldn’t Lock In 2001 Stamp Rates For 2013 Deed: P&H HC Upholds Rs 30.45-Lakh Demand, Declares Contrary View Not Good Law. Ved Prakash Vijh Thr His Lr And Anr vs State Of Punjab And Ors.. Punjab and Haryana High Court. LawLens
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In brief

The question

1. Whether stamp duty on the 2013 conveyance should be assessed by reference to the market value when the 2001 agreement to sell was executed, or when the sale deed was executed.

The court held

The Court held that stamp duty was assessable by reference to the market value prevailing when the 2013 sale deed was executed, not when the 2001 agreement to sell was made.

It also directed

It found no error in applying the notified rate of ₹7,800 per sq. ft. and dismissed the appeal, with no order as to costs.

Pending miscellaneous applications, if any, were disposed of.

01Facts

The appellants’ sale deed dated 1 March 2013, concerning 3,556 sq. ft. of commercial premises in Jalandhar, stated consideration of ₹20 lakh.

p. 1

The Sub-Registrar impounded it and referred it to the Collector under Section 47-A of the Indian Stamp Act, 1899.

¶ 1–2 · pp. 1–2

The Collector assessed the applicable market value at ₹7,800 per sq. ft. and determined a stamp-duty deficit of ₹30,44,972, inclusive of interest.

¶ 1–2 · pp. 1–2

The Commissioner dismissed the statutory appeal; after an earlier remand for fresh consideration, the Commissioner again dismissed it.

¶ 1–2 · pp. 1–2

The appellants’ writ petition challenging that decision was dismissed by the Single Judge, leading to this intra-court appeal.

¶ 1–2 · pp. 1–2

The appellants relied, among other things, on an agreement to sell executed in 2001 and contended that stamp duty should be assessed using the market value at that time.

¶ 3 · p. 2

02Issues

i.1. Whether stamp duty on the 2013 conveyance should be assessed by reference to the market value when the 2001 agreement to sell was executed, or when the sale deed was executed.

¶ 5–6 · pp. 3–4

ii.2. Whether the valuation under Rule 3-A of the Punjab Stamp (Dealing of Undervalued Instruments) Rules, 1983, including the classification and rate applied to the property, was erroneous.

¶ 7–8 · pp. 5–6

03Law Applied

Under the Indian Stamp Act, 1899, an agreement to sell and a conveyance are distinct instruments; stamp duty on a conveyance is governed by the law and market value applicable when that conveyance is executed.

¶ 5 · pp. 3–4

The Act is a taxing statute and must be strictly construed; equity or hardship cannot displace its express provisions, and an instrument may be examined for undervaluation when presented for registration.

¶ 5 · pp. 3–4

The Court relied on State of Rajasthan v. M/s Khandaka Jain Jewellers, (2007) 14 SCC 339, and Shanti Bhushan (dead) through LRs v. State of U.P., 2023 (3) RCR (Civil) 11.

¶ 5 · pp. 3–4

The Court also relied on Uggar Singh v. State of Punjab, 2025 (4) RCR (Civil) 358, and Nripati Bhalla v. State of Haryana, Law Finder Doc ID #1408951.

¶ 5 · p. 4

Rule 3-A of the 1983 Rules provides for locality- and category-wise fixation of minimum market values, with relevant valuation factors that are indicative and not exhaustive; the 2011 amendment concerning floor-wise percentages does not alter the Rule’s overall scheme.

¶ 7 · p. 5

Provisions in the judgment · 1 · Linked ones open on LawLens

Indian Stamp Act, 1899 Section 17

04Reasoning

The agreement to sell was executed in 2001, but the conveyance was executed and registered in 2013, more than twelve years later.

¶ 6 · pp. 4–5

Applying the Supreme Court’s rule that stamp duty on a conveyance is assessed at the time of its execution, the Court rejected the appellants’ reliance on the earlier agreement, payment of consideration, and delivery of possession.

¶ 6 · pp. 4–5

It held that Subhash Chander Abrol v. State of Punjab, 2020 (1) RCR (Civil) 459, which supported assessment by reference to the agreement date, was not good law in light of the authorities cited.

¶ 6 · pp. 4–5

The 2011 amendment to Rule 3-A did not change that result.

¶ 7–8 · pp. 5–6

The Collector had applied the notified rate for commercial properties on the third floor and above in the relevant locality—segment Code 02/0069—and the appellants showed no material error in that classification or valuation.

¶ 7–8 · pp. 5–6

05Holding

The Court held that stamp duty was assessable by reference to the market value prevailing when the 2013 sale deed was executed, not when the 2001 agreement to sell was made.

¶ 8–10 · p. 6

It found no error in applying the notified rate of ₹7,800 per sq. ft. and dismissed the appeal, with no order as to costs.

¶ 8–10 · p. 6

Pending miscellaneous applications, if any, were disposed of.

¶ 8–10 · p. 6
Punjab and Haryana High Court

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Ved Prakash Vijh Thr His Lr And AnrvsState Of Punjab And Ors.

Punjab and Haryana High Court · November 02, 2026

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