The Allahabad high court on Wednesday turned down a writ petition filed by eminent lawyer Shanti Bhushan, former Union minister and a senior member of Team Anna, challenging an order of assistant stamp commissioner in Allahabad which had held him guilty of evading stamp duty to the tune of about `1.35 crores on a property.
Passing the order, Justice Arun Tandon said that the petitioner could seek “statutory remedy” by approaching the registrar (stamps) as per the provisions of Stamp Act.
It may be recalled that the assistant stamp commissioner, on January 6, had held Mr Bhushan guilty of evading stamp duty in purchase of property spread over 7,818 square metres of land in the posh Civil Lines locality of Allahabad.
Mr Bhushan was asked to pay the outstanding amount with a monthly interest of 1.5 per cent with effect from November 29, 2010, apart from a fine of `27 lakhs. He was asked to pay the fine within one month, failing which the department could initiate further action.
The department claimed that for stamp and registration, Mr Bhushan had shown purchase of the property for a paltry sum which enabled him to understate its value on which the stamp duty payable was calculated and `46,700 was paid. The notice for tax evasion was issued to Mr Bhushan in February last year.
Mr Shanti Bhushan used to stay in a bungalow situated on the land till the seventies after which he moved to Delhi.
He, however, did not give up the possession of the property and remained involved in a protracted litigation with the landlord before purchasing the land through an “agreement to sell” in November, 2010.