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Showing contexts for: set forth value in T J Agro Fertilizers Pvt Ltd vs State Of Gujarat on 17 July, 2018Matching Fragments
8. When the property was sold in an open market in auction, the price at which it is sold is required to be treated as market value and accordingly, stamp is required to be fixed on the said market value. Even otherwise, proviso to Section 32A of the Stamp Act makes it clear that where the property value speaks an instrument, the consideration set forth in the instrument executed by the State Government, the Central Government etc. shall be deemed to be the true market value of the property and the same is to be accepted as true market value. Section 32A of the Stamp Act reads as under :-
"32A :- Determination of market value of
property which is the subject matter of
conveyance, etc., :-
(1) Every instrument of conveyance,
exchange, gift, certificate of sale,
partition, partnership, settlement, power of attorney to sell immovable property when given for consideration or transfer of lease by way of assignment, presented for registration C/SCA/10033/2008 JUDGMENT under provisions of the Registration Act, 1908 (XVI of 1908) shall be accompanied by a true copy thereof; [and the Statement in such form as may be prescribed by rules] and if an officer registering such instrument under the aforesaid Act or any person referred to in Section 33 before whom such instrument is produced or comes in the performance of his functions, has reason to believe that the consideration set forth therein does not approximate to the market value of the property which is the subject matter of such instrument as the case may be the market value of the property which is the subject matter of such instrument, has not been truly set forth therein, he [shall before] registering the instrument or, as the case may be, performing his functions in respect of such instrument, refer the instrument or true copy thereof to the Collector of such district in which either the whole or any part of the property is situated for determining the true market value of such property and the proper duty payable on the instrument under this section.] [Provided that for the purpose of this Sub-