Section 10 in West Bengal Stamp (Prevention of Undervaluation of Instruments) Rules, 2001
10. Order of appeal.
(1)After considering all the evidences adduced and representations made on behalf of the appellant and the Collector, and after examining the records or the case, the appellate authority shall decide whether or not the market value of the property as determined in the order of the Collector under sub-section (5) or sub-section (8) of section 47A is correct. In case the appellate authority does not accept the market value of the property as determined by the Collector, it shall determine the market value of the property and the proper duty payable on the instrument. The appellate authority shall embody its decision and the reasons therefor in its order, and communicate it to the appellant, the Collector, and the registering officer concerned.(2)On receipt of the order referred to in sub-rule (1) from the appellate authority, the person by whom the stamp duty is payable under section 29, or his authorised agent, shall deposit the deficit amount of stamp duty as modified by the appellate authority together with the interest on the modified amount, if any, as referred to in [sub-rule (7) of rule 5 or rule 5A] [Substituted by clause (7)(a)(i) of the Notification No. 1614-F.T., dated 5.10.2010, w.e.f. 5.10.2010, for 'sub-rule (7) of rule 5'.] in the same manner as referred to in [sub-rule (9) of rule 3 or rule 5A] [Substituted by clause (7)(a)(ii), ibid, w.e.f. 5.10.2010, for 'sub-rule (9) of rule 3'.]Provided that the period from the date of admission of the appeal by the appellate authority to the date of receipt of the order of the appellate authority by the person who is liable to pay stamp duty under section 29, shall be excluded for the purpose of computing the interest payable under sub-section (3) of section 47B.(3)The person by whom stamp duty is payable under section 29, or his authorised agent, shall deposit the deficit amount of stamp duty together with interest, if any, in the same manner as referred to in [sub-rule (9) of rule 3 or rule 5A] [Substituted by clause (7)(b), ibid, w.e.f. 5.10.2010, for 'sub-rule (9) of rule 3] and furnish the original copy of the receipted challan, or the bank draft, as proof of payment of the same to the concerned registering officer and thereupon, the registering officer shall, within fifteen days from the date of receipt of the challan or bank draft, as the case may be, certify by recording in such instrument that proper stamp duty has been paid and register the instrument
