In Brief
M/s. Z. Engineers Construction Pvt. Ltd. challenged a High Court dismissal of its application to impound two powers of attorney on grounds of insufficient stamp duty. The Supreme Court held that when determining whether a power of attorney is a taxable conveyance depends on factual findings regarding possession transfer, such question must be adjudicated after evidence is led, not by bare reading of the document. Although stamp duty objections generally require immediate decision, where the document's true nature requires evidence, admissibility can be deferred to final judgment. The Court remitted the matter to the trial court to decide the objection after hearing evidence on possession transfer.
The lawyer headnote and full judgment text are available to registered users.