Bombay High Court
THE MAHARASHTRA STATE COOPERTIVE BNAK LTDversusTHE STATE OF MAHARASHTRA THR PRINCIPALE SECRETARY FINANCE DEPT. AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Notification dated 14‑03‑1980 remains in force, and the petitioner is entitled to the exemption, leading to the quashing of the impugned order.
Summary
The Maharashtra State Co‑Operative Bank filed a writ petition seeking to quash a order dated 01‑06‑2023 that imposed stamp duty on a lease deed dated 01‑08‑2016. The bank relied on a notification dated 14‑03‑1980 issued by the Agriculture and Co‑Operation Department, which exempts stamp duty on certain instruments of urban credit cooperative societies and banks. The Collector of Stamps confirmed that the 1980 notification remains in force. The Court held that, given the notification’s continued validity, the bank is entitled to the exemption and the impugned order must be set aside. Consequently, the petition was made absolute, granting the bank relief from the stamp duty liability.
Issues considered
- Whether the Notification dated 14‑03‑1980 issued under Section 42 of the Maharashtra Co‑Operative Societies Act, 1960 is still in force.
- Whether the petitioner is entitled to exemption from stamp duty on the lease deed dated 01‑08‑2016 under that Notification.
Legislation cited
Subjects
- stamp duty
- exemption
- cooperative societies
- lease deed
- notification
- writ petition
- Maharashtra
Judgment
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Salgaonkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANDIRA MILIND Digitally signed by MANDIRA
MILIND SALGAONKAR
SALGAONKAR Date: 2026.09.23 15:38:08 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2179 OF 2024
The Maharashtra State Co-Operative .. Petitioner
Bank Ltd.
Versus
The State of Maharashtra through .. Respondents
Principal Secretary, Finance Dept. &
Ors.
…
Mr.S.S.Panchpor for the Petitioner.
Smt.Shruti D. Vyas, Addl.G.P. with Mr.Karan S. Thorat, ‘B’
Panel Counsel for the State/Respondent.
Mr.Santosh Patil, Additional Registrar & Joint Secretary, Co-
Operation Department, Mantralaya, present.
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE : 22nd SEPTEMBER, 2026
...
P.C:-
1. In continuation of our order dated 31/08/2026, the
learned Additional Government Advocate Smt.Shruti Vyas has
received a written communication from the Collector of
Stamps, Kurla informing her that the Circular/Notification
dated 14/03/1980 is still in existence. In light of the aforesaid
statement coming from the State Government, that the
Notification issued by the Agriculture and Co-Operation
Department in exercise of the powers conferred under clauses
(a) and (b) of Section 42 of the Maharashtra Co-Operative
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Societies Act, 1960 is still in force, which has set out the stamp
duty which is leviable on the instruments of the co-operative
societies specified in the schedule and the schedule specifically
exempting all instruments in respect of transactions of loans
and advances etc. in respect of Urban Credit Co-Operative
Societies and banks as well as the leases, agreements to lease
or transfer of leases. Relying upon the exemption that was
granted vide Notification dated 14/03/1980, the Petitioner
approached for quashing and setting aside the impugned order
dated 01/06/2023.
2. In the wake of the statement made before us that the
Notification dated 14/03/1980 is still in force, definitely the
Petitioner is entitled for its benefit, as he has sought exemption
from payment of stamp duty in respect of the lease deed dated
01/08/2016, but the impugned order dated 01/06/2023,
however, levied a stamp duty. Since now there is a clarification
received and placed before us that the Notification dated
14/03/1980 is in force, the impugned order is liable to be
quashed and set aside. The Petitioner is entitled to the benefit
of the Notification dated 14/03/1980.
3. The Petition is made absolute in the aforestated terms.
(ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.)
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