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Showing contexts for: set forth value in M/S Gilco Developers & Builders Pvt. Ltd vs State Of Punjab And Others on 1 February, 2011Matching Fragments
9. Learned counsel for the State has produced record showing due service of the petitioner of notice dated 7.3.2008. After the service on 27.3.2008, Vajinder Singh Bajwa, Project Manager appeared on behalf of the petitioner. He has also shown subsequent sale deed dated 21.1.2011 executed by Vajinder Singh Bajwa on behalf of the petitioner company. Thus, the plea of the petitioner that Vajinder Singh Bajwa was not its authorised representative cannot be accepted.
10. As regards the valuation, the scope of power of Collector under Section 47A(2) of the Act is to determine the valuation of transaction. If a reference is made to him on formation of opinion that market value set forth in the instrument was less than the market value, the Collector has to determine the correct value. The relevant provision is as under:-
"47-A. Instruments under valued how to be dealt with (1) If the Registering Officer appointed under the Registration Act, 1908 (Central Act No.16 of 1908), while registering any instrument relating to the transfer of any property, has reason to believe that the value of the property or consideration, as the case may be, has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the Collector, for determination of the value of the property or the consideration, as the case may be, and the proper duty payable thereon.
(2) On receipt of reference under sub-section (1), the Collector shall, after giving the parties reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the value or consideration and the duty as aforesaid and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty. (3) The Collector may suo motu, or on receipt of reference from the Inspector General of Registration or the Registrar of a district, appointed under the Registration Act, 1908 (Central Act No.16 of 1908),in whose jurisdiction the property or any portion thereof which is the subject matter of the instrument is situate, shall within two years from the date of registration of any instrument not already referred to him under sub section (1) call for and examine the instrument for the purpose of satisfying himself as to the correctness of its value or consideration, as the case may be, and the duty payable thereon and if after such examination, he has reason to believe that the value or consideration has not been truly set forth in the instrument, he may determine the value or consideration and the duty as aforesaid in accordance with procedure provided for in sub section (2) and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty. (4) any person aggrieved by an order of the Collector under sub section (2) or sub section (3) may within thirty days from the date of the order, prefer an appeal before the Commissioner of Division and all such appeals shall be heard and disposed of in such manner as may be prescribed by rules made under this Act.