Securing Obligations: SC Clarifies Stamp Duty on Deeds Executed by Principal Debtors

Godwin Construction Pvt. Ltd. Vs Commissioner (Supreme Court of India)

Nomenclature Irrelevant- Essence of Transaction Decides Stamp Duty- Title Can’t Trump Substance- Supreme Court Classifies ‘Security Bond-cum-Mortgage Deed’ as Mortgage for Stamp Duty

When Borrower Pledges Own Property, It’s a Mortgage – Not a Security Bond, Rules Supreme Court- SC holds ‘Security Bond-cum-Mortgage Deed’ executed by principal debtor chargeable under Article 40- not Article 57- of Indian Stamp Act

Appellant executed a document titled “Security Bon

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