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"47-A. Instruments under-valued how to be dealt with. -(I) If the Registrering Officer appointed under the Registration Act, 1908, while registering instrument transferring any property has reason to believe that the value of property Or the 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 Collector for determination of the value or consideration, as the case may be; the proper duty payable thereon.
(3) The Collector may suo motu, or on/receipt of reference from the Inspector General of Registration or the Registrar of a district in whose jurisdiction the property or any portion thereof which is the subject-matter of the instrument is situate, appointed under the Registration Act, 1908, shall, within three years from the date of registration of any instrument, not already referred to him under subsection (l), 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 reasons 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 the 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:

11. In Abhinav Kumar's case this Court construed the significance of the words "while registering any instrument" in Section 47-A (1) of the Act to hold that the Sub Registrar can make reference immediately after registration of the documents or in the course of registration and accordingly, the reference made after 8 days was not in accordance with law. The Legislature has created two stages for the Sub-

6 of 13 Registrar. Firstly, the Sub Registrar in dealing with the case has reasonable belief that the instrument is under-valued and insufficient stamp duty and registration charges have been affixed on the instrument. The first stage is for the Sub Registrar "to act while registering the instrument". The second stage is "after registering an instrument". In this case, the Sub Registrar did not act while registering the instrument. If the word "while" has to be read literally assuming that he did not do so, but subsequently, had reason to believe or it came to his knowledge that the value or consideration has not been truly set forth in the instrument, he still has the jurisdiction to make a reference after referring such instrument to the Collector for determination of the value of consideration, the proper stamp duty payable thereon.