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3. Aggrieved, the State of Rajasthan has filed this revision petition.

4. I have heard Mr. D.S. Shishodia, learned Government Advocate and have carefully perused the order under revision.

5. Material portion of Section 47A, as inserted in Rajasthan, is as follows:

47A. Instruments under-valued, how to be valued.--(1) Where, in the case of any instrument relating to any immovable property chargeable with ad ad valorem duty on the value of the property, or the consideration, as set forth in the instrument the registering officer has, while registering the instrument, reasons to believe that the value of the property or the consideration, as the case may be, has not been truly set forth in the instrument he may, after registering such instrument, send it, in original to the Collector to determine the value or consideration and to assess and charge the duty in conformity with such determination together with a penalty not exceeding ten times the deficient stamp duty chargeable and surcharge, if any, payable on such instrument.
On receipt of the instrument under Sub-section (1), the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an inquiry in the prescribed manner determine the value or consideration and the duty including penalty and surcharge if any payable thereon as if that were the value of consideration set forth in the instrument, and if the amongst of duty including penalty and surcharged if any as determined exceeds the amount of duly including penalty and surcharge if any already paid, the deficient amount shall be payable by the persons liable to pay the duty including penalty and surcharge if any.
(2-A) The Collector ma) suo moto, call for and examine any instrument not referred to him under sub-section (I), for the purpose of satisfying himself as to the correctness of its value or the consideration, as the case may be, and if he has reason to believe that the value of the consideration has not been truly set forth in the instrument, he may determine in accordance with the procedure provided in sub section (2 >, the value or the consideration and the amount of stamp duty and surcharge levied, if any, together with a penalty not execeeding ten times the deficient stamp duty, chargeable on it, which shall be payable by the person liable to pay the stampt duty, surcharge and penalty.