66. Procedure to be followed by the Collector in cases where the nature of instrument is not correctly determined.
(1)On receipt of a reference under sub-section (1) or sub-section (2) of section 53 of the Act, from the Registering officer, the Collector shall issue a notice to the person liable to pay the duty informing him of the receipt of the reference and asking to show that the correct nature of the instrument has been set forth in the instrument and also produce all evidence that he has in support of his representation, within 21 days from the date of service of the notice.(2)On receipt of a reference under sub section (4) of section 53 of the Act or where the Collector proposed to take action suo-moto under sub-section (5) of section 53 of the Act, the Collector shall issue a notice-(a)to every person by whom, and(b)to every person in whose favour, the instrument has been executed;asking them to produce the original instrument and to show cause within 21 days from the service of the notice as to why he should not proceed to determine the correct nature of the instrument and realise the deficient duty together with penalty under section 53 of the Act. Where the original instrument is not produced within the above period of 21 days, the collector may proceed to determine the correct nature of the instrument on the basis of its copy.(3)After expiry of 21 days from the service of the notice, the Collector shall summarily examine the matter, and, if he thinks fit, may record a statement of any person to whom a notice under sub-riles (1) and (2) has been issued.(4)The Collector shall(i)after considering the objections and representation received in writing from the person to whom notice under sub-rule (1) and (2) has been issued;(ii)after examining the records produced before him, and(iii)after a careful consideration of all the relevant factors and evidence placed before him,pass an order determining the correct nature of the instrument and duty payable on the instrument and take steps to collect the difference in the amount of stamp duty along with penalty, if any.(5)The summary enquiry shall be completed within a period of 3 months.(6)A copy of the order shall be forwarded to the Inspector General of Stamps within 15 days from the date of order.
