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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

                                                                              1/2                  904 wp-2179-24.odt

                                                   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
                           2/2                  904 wp-2179-24.odt

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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