The Board of Revenue, Referring Officer vs K. Venkataswami Naidu

P.V. Rajamannar, C.J.—The question referred to us by the Board of Revenue for our opinion is whether on the facts and in the circumstances of the case, the lease of properties relating to a touring cinema, though collapsible and capable of being removed, but permanently fastened to the earth when in use is chargeable to stamp duty under Article 30(a)(1) of Schedule I-A of the Stamp Act II of 1899.

The answer to the question depends upon whether the equipment of the touring cinema would fall within the category of immovable property. We have no hesitation in holding that it does not. In the question referred to us, the properties are described as collapsible and capable of being removed. In the very nature of things properties of that nature cannot be immovable property. The expression "permanently fastened" occurring in the question is a little misleading. Actually some of the machinery or the poles of the tent may be imbedded in the earth, but they are imbedded only temporarily and not permanently. If they were permanently fixed, the equipment would not form part of a touring cinema.

We have been taken through the material provisions of the lease deed and there is nothing therein, which lends support to the view that the lease covers any immovable property. In our opinion, the lease in question is not chargeable to stamp duty under Article 30(a)(1) of Schedule I-A of the Stamp Act.