P.S.Shanmuga Sundaram Vs Director Treasuries and Accounts Department (Madras High Court)
Facts- The Petitioners are in the business of vending stamp papers since 1988 and holding valid licenses. The grievance of the Writ Petitioners is that since January, 2015, the Respondents are illegally demanding the Petitioners to deposit Rs.15/- for every bundle of currency, i.e., bundle containing 100 notes by remitting in the name of account as “Commission Account”, for which no receipts or payment challans are issued. Further, the Petitioners are forced to pay Rs. 150 /to Rs. 200/- as cash handling charges, which have severe financial impact on the meager commission earned every day.
Conclusion-On the verification of the Master Circulars relied on by the State Bank of India, issued by the Reserve Bank of India on 01.07.2014 and 01.04.2021, it is seen that both circulars are related to agency commission and there is no specific direction or instruction from the Reserve Bank India. Thus, it is not proper on the part of State Bank of India to collect cash handling charges from the stamp vendors. Accordingly, the Second and Third Respondents have failed to establish that they have the authority to collect cash handling charges from the stamp vendors, who all are depositing money through Treasury Challans for purchase of stamps.
