Indian Kanoon - Search engine for Indian Law

stamp duty is chargeable on the instrument according to the contents thereof; there is no bar on the reassessment of the value of the property set forth in the instrument, for the purpose of assessment of the value , or consideration by the Collector of Stamps under the provision of the Indian Stamp Act. Respondent No.2 assessed the value of the property set forth in the instrument in the light of the Notification dated 16.11.2011 relating to the rates of flats more than four stories high, and for commercial use; the valuation report of the Government approved valuer is not binding upon the Respondent No.2; when the document in question was presented before the Sub Registrar, he impounded the document in question under the provision of Section 33 of the Indian Stamp Act on the grounds that the instrument was not duly stamped. Thereafter the concerned officer sent the said document under the provision of Section 38 of the Act to the office of the Respondent No.2 for realization of the deficient stamp duty and appropriate penalty under the provision of Section 40 of the Act; Respondent No.1 is improperly arrayed /described in the appeal; Govt of NCT of Delhi is capable of being sued through its Chief Secretary. 16 It is denied that there has been any violation of the adjudication order dated 11.10.2012 as alleged. It is submitted that an opinion given under the provision of Section 31 of the Indian Stamp Act is neither binding not conclusive and does not preclude/debar the Registering Authority or the Collector of Stamps from assessing the value or consideration set forth in the instrument for the purpose of charging the stamp duty thereon. It is denied that there has been any such arbitrary increase in the value or wrongful penalty imposed as alleged . It is submitted that order of Hon'ble High Court is not applicable to the facts and circumstances of the present case, the Hon'ble High Court was not dealing with the issue of valuation of the property for the purpose of registering the same under the Indian Stamp Act, 1899 . There is also no finding of the honourable High Court on the above issue. The Sub Registrar/ Registering authority is the appropriate authority who is competent to assess the stamp value as per the Indian Stamp Act, and the same would be done when the document would be presented before it. Appellant is trying to mislead this Court by referring to the judgment/order of the Hon'ble High Court . The order passed by the respondent No.2 under the provision of section 40 of the Indian Stamp Act is proper in all respects and deserve to be upheld. The same was passed by the Respondent number No.2 after considering all the relevant facts. The opinion given by the previous Collector of Stamps was neither binding nor conclusive, impugned order has been passed as per law by the Collector of Stamps. The proceeding as regards section 31 of the Act , and the proceedings as envisaged under section 33,38,40 of the Act are separate proceedings. The opinion if any given under the provision of Section 31 does not preclude/debar the Revenue Department from proceeding steps as per the provision of Section 33,38,40 of the Act . There is nothing on the official record as regards any report submitted by any officials of the Revenue Department, that would form the basis of the opinion given by the then Collector of Stamps vide order dated 11.10.2012 . Registering Authority is empowered by the Indian Stamp Act to assess the value of the property and the consideration and also the stamp duty chargeable thereupon. The property under question was undervalued by the parties concerned and the order dated 06.08.2012 passed by the Honorable High Court was not binding upon the Sub Registrar/ Registering Authority or the Collector of Stamps. Sub Registrar/Registering Authority and the Collector of Stamps are duly empowered as per the Indian Stamp Act to assess/value the document.

" If the Registering Officer, while registering any instrument transferring any property has reason 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, refer the same to the Collector for determination of the value or consideration as the case may be and the proper duty payable thereon."

34 Hon'ble High Court of Madras in Jt Sub Regitarar­I Vs Prasanth Chandron AIR 2005 Mad 354 in this regard has held as follows: