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Showing contexts for: set forth value in M/S Ajaymeru Housing Development Pvt. ... vs M/S Vrindavandham Buildev (India) Pvt. ... on 16 May, 2019Matching Fragments
12. Section 51 of Rajasthan Stamps Act, 1998 provides for the Collector to conduct scrutiny and reached to the conclusion as to what stamp duty is required to be paid. The same reads as under:-
"51 - Instruments under valued, how to be valued (1) Notwithstanding anything contained in the Registration Act, 1908 (Act No. 16 of 1908) and the rules made thereunder as inforce in Rajasthan where, in the case of any instrument relating to an immovable property chargeable with an ad valorem duty on the market value of the property as set forth in the instrument, the registering officer has, while registering the instrument, reasons to believe that the market value of the property has not been truly set forth in the instrument, he may either before or after registering the instrument, send it in original to the Collector for taking action under sub- section (3). (2) When through mistake or otherwise any instrument which is undervalued and not duly stamped is registered under the Registration Act, 1908, the registering officer may call for the original instrument from the party and, after giving the party liable to pay stamp duty an opportunity of being heard and recording the reasons in writing and furnishing a copy thereof to (D.B. SAW/790/2019 has been filed in this matter. Please refer the same for further orders) (9 of 18) [CW-25614/2018] the party, impound it and on failure to produce such original instrument by the party, a true copy of such instrument taken out from the registration record shall, for the purposes of this section, be deemed to be the original of such instrument and send it to the Collector for taking action under sub-section (3). (3) On receipt of the instrument under sub-section (1) or (2) the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in the prescribed manner, determine the market Value and duty including the penalty not exceeding ten times the deficient stamp duty chargeable and surcharge, if any, payable thereon and if the amount of duty including penalty and surcharge, if any, so determined exceeds the amount of duty including penalty and surcharge, if already paid, the deficient amount shall be payable by the person liable to pay the duty including penalty and surcharge, if any. (4) Where it appears to a person having by law or consent of parties authority to receive evidence or a person incharge of a public office, during the course of inspection or otherwise, except an officer of a police, that an instrument is undervalued such person shall forthwith make a reference to the Collector in that matter. (5) The Collector may, suo motu or on a reference made under sub-section' (4) call for and examine any instrument not referred to him under sub- section (1) or (2), from any person referred to in sub- section (4) or the executant or any other person for the purpose of satisfying himself as to correctness of the market value of the property, and if after such examination, he has reason to believe that the market value of such property has not been truly set forth in the instrument, he may determine in accordance with the procedure provided in sub-section (3) the market value and the amount of stamp duty together with a penalty not exceeding ten times the deficient stamp duty chargeable on it, which shall be payable by the person liable to pay the stamp duty, and penalty. (6) Where for any reason the original document called for by the Collector under sub-section (5) is not produced or cannot be produced, the Collector may, after recording the reasons for its not production, call for a certified copy of the entries of the document from the registering officer concerned and exercise the powers conferred on him under sub-section (5). (7) For the purpose of inquiries under this section, the Collector shall have power to summon and enforce the attendance of witnesses, including the parties to the instrument or any of them, and to compel the production of documents by the same means, and so far as may be in the same manner, as is provided in the case of civil court under Code of Civil Procedure, 1908 (Act 5 of 1908).