AIR 1980 DELHI 249 ::(1979) ILR(Del) 1 DEL 1 ::(1979) ILR 1 DEL 1 ::ILR (1979) 1 Delhi 1

Delhi High Court

Hon'ble Judge(s): T. V. R. Tatachari , C.J. AND S. S. Chadha, N. N. Goswamy , JJ

Stamp Act (2 of 1899) , Sch.IA, Art.35(c), Art.57, S.5— Amount of security/deposit/advance - Chargeability of duty. AIR 1943 Mai 643 and AIR 1961 Mad 210 (FB), Dissented from. The duty is not chargeable under Article 35(c) of Sch 1-A of the Indian Stamp Act, 1899 on the amount of security/deposit/advance, which is refundable on determination of the lease, in addition to the duty paid on the rent reserved under Art.35(a) of the Sch. It will not make any difference in the chargeability of duty, paid such deposit/advance is adjustable in rent/other charges/dues payable under the lease. The amount of security deposit paid for the due performance of the contract of lease is chargeable under Art.57 of the Schedule read with S.5 of the Act.