The Jammu and Kashmir High Court has stayed a government circular dated December 30, 2020, which had mandated charging revised stamp duties from January 1, 2021, irrespective of the date of uploading the documents on the National Generic Document Registration System (NGDRS) or of filing the documents with the Registrars/ Sub-Registrars (Shabnam Nazir v Government of J&K and others).
The Court issued the stay on a petition moved by Shabnam Nazir who had challenged the levy of the revised stamp rates on a document executed prior to the government’s circular.
The petitioner’s counsel, Advocate Nisar Ahmad Bhat had argued that going by Section 47 of Registration Act, a document takes effect from the date of its execution and not on the date of its registration. It was also argued that the Inspector General of Registration has no jurisdiction to issue a circular in respect of charging of stamp duties.
On Tuesday, Justice Sanjay Dhar admitted the matter and stayed the circular, while observing that “the petition raises an important question of law.”
As interim relief, the Court has directed that the petitioner’s document be admitted by the concerning authorities without insisting on the payment of the revised stamp duty.
The Court, however added that this would be subject to the petitioner filing an undertaking “that in case she fails in this petition, she shall make good the deficiency of stamp duty.”