Deepak Fertilisers And Petrochemicals ... vs The Chief Controlling Revenue ...

ik-41505679 Bombay High Court 18 December 2025 • WRIT PETITION NO. 5635 OF 2005 • 29 min read

Judges (1)

Abhay Ahuja Delivered

Counsel (7)

Argus Partners Firm Arafat Siddique Counsel Respondent G.S. Hegde Counsel Respondent P.J. Gavhane Counsel Respondent P.M. Bhansali Counsel Respondent Ranjit Shetty Counsel Petitioner Tejas Gokhale Counsel Petitioner

Parties (4)

Chief Controlling Revenue Authority, Maharashtra State, Pune Respondent City and Industrial Development Corporation of Maharashtra Limited Respondent Collector of Stamps, Raigad Respondent Deepak Fertilizers And Petrochemicals Corporation Limited Petitioner

Case Significance

Deepak Fertilisers And Petrochemicals ... vs The Chief Controlling Revenue ... is a Bombay High Court decision dated December 18, 2025 (citation: ik-41505679). Deepak Fertilisers challenged stamp duty assessment on a 1995 agreement to lease with CIDCO, which was assessed as a lease and levied Rs.26.14 lakhs in stamp duty plus interest and penalty. The Court held that an agreement to lease which does not create a present demise cannot be termed a lease and is not chargeable to stamp duty as a lease, following Division Bench precedent. The petition was allowed, quashing the stamp duty demand. The case was heard by Justice Abhay Ahuja. Counsel appearing: Arafat Siddique (counsel for respondent), G.S. Hegde (counsel for respondent), P.J. Gavhane (counsel for respondent), P.M. Bhansali (counsel for respondent), Ranjit Shetty (counsel for petitioner), Tejas Gokhale (counsel for petitioner).

Summary

Deepak Fertilisers challenged stamp duty assessment on a 1995 agreement to lease with CIDCO, which was assessed as a lease and levied Rs.26.14 lakhs in stamp duty plus interest and penalty. The Court held that an agreement to lease which does not create a present demise cannot be termed a lease and is not chargeable to stamp duty as a lease, following Division Bench precedent. The petition was allowed, quashing the stamp duty demand.

What was the outcome of Deepak Fertilisers And Petrochemicals ... vs The Chief Controlling Revenue ...?

Deepak Fertilisers challenged stamp duty assessment on a 1995 agreement to lease with CIDCO, which was assessed as a lease and levied Rs.26.14 lakhs in stamp duty plus interest and penalty. The Court ...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-41505679)