Law:

Section:

(a) Stamp Act (II of 1899)--- ----Ss.48, 40, 56, 57, 33, 35, 36, Sched. I, Art.40 & Preamble---Constitution of Pakistan, Art.199---Constitutional petition--Object of Stamp Act, 1899---Recovery of stamp duty on account of deficiency of the same and penalty---Agreement for financial accommodation of loan---Registration of mortgage deed---Notice for evading stamp duty on registration of mortgage deed---Reference in case of doubt with regard to amount of stamp duty---Scope---Neither the Collector nor the Chief Revenue Authority were in doubt with regard to amount of stamp duty with which mortgage deed was to be charged---Document and not the transaction was determinative of payable stamp duty---Stamp Act, 1899 did not deal with the bargain but the instrument which would record the bargain---Amount secured plus interest, default interest by way of liquidated damages, commitment charges, front end fees and all other moneys were payable under the agreement---Amount secured by the petitioner through mortgage deed was more than two billion Japanese Yen---When amount secured was not in dispute then there was no need for a reference under S. 56 or 57 of Stamp Act, 1899---Object of Stamp Act, 1899 was to realize and safeguard the public revenue---Petitioner had tried to avoid payment of due stamp duty on the technical ground which could not be allowed to go scot-free---Government could not be deprived of its revenue on technical basis---Short-paid stamp duty was recoverable under S. 48 of Stamp Act, 1899---Orders passed by the Collector for recovery of stamp duty were in accordance with law and facts---Constitutional petition was dismissed in circumstances. Mst. Shamim Akhtar v. Najma Baqai 1977 SCMR 409; Muhammad Furqan v. Speaker National Assembly and 4 others 2010 PLC (C.S.) 1013 and Rousch (Pakistan) Power Limited v. Federation of Pakistan through Chief Commissioner and 4 others PLD 2012 Islamabad 1 rel. (b) Stamp Act (II of 1899)--- ----Ss. 56 & 57---Reference in case of doubt with regard to amount of stamp duty---Scope---If Collector had doubt with regard to amount of stamp duty with which instrument was chargeable then he was required to draw up a statement…

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