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Documents citing V.N. Devadoss vs Chief Rev. Control Officer-Cum-Ins.& ... on 8 May, 2009

Mrs.G.Mary Chellathai vs Tamilnadu Inspector General Of ... on 15 October, 2015

12. Per contra, Mr.Venugopal, learned Special Government Pleader appearing for the respondents would contend that the judgment in V.N.Devadoss v. Chief Revenue Control Officer-cum-Ins. and Ors., cited supra, should be confined only to the cases where there was a public auction of the property and involvement of third party element. In other cases, the said principle will not stand attracted. I am unable to see any logic or reason in the distinction proposed by the learned Special Government Pleader. It is clear from the pronouncement of the Honble Supreme Court that the requirement regarding willful under-valuation with a fraudulent intention to evade payment of stamp duty, was held to be essential based on the language used in Section 47-A and the Rules made thereunder and it does not depend on the facts of each case. A proper understanding of the dictum of the Honble Supreme Court would, in my opinion, be that it must be shown that the referring officer, namely the Sub Registrar had a reason to believe that there was a willful under-valuation or that the market value of the property has not been truly set- forth in the instrument.
Madras High Court Cites 7 - Cited by 6 - Full Document

Mrs.G.Mary Chellathai vs Tamilnadu Inspector General Of ... on 15 October, 2015

12. Per contra, Mr.Venugopal, learned Special Government Pleader appearing for the respondents would contend that the judgment in V.N.Devadoss v. Chief Revenue Control Officer-cum-Ins. and Ors., cited supra, should be confined only to the cases where there was a public auction of the property and involvement of third party element. In other cases, the said principle will not stand attracted. I am unable to see any logic or reason in the distinction proposed by the learned Special Government Pleader. It is clear from the pronouncement of the Honble Supreme Court that the requirement regarding willful under-valuation with a fraudulent intention to evade payment of stamp duty, was held to be essential based on the language used in Section 47-A and the Rules made thereunder and it does not depend on the facts of each case. A proper understanding of the dictum of the Honble Supreme Court would, in my opinion, be that it must be shown that the referring officer, namely the Sub Registrar had a reason to believe that there was a willful under-valuation or that the market value of the property has not been truly set- forth in the instrument.
Madras High Court Cites 7 - Cited by 0 - Full Document

Mallikarjuna Kondapaneni vs The State Of Ap on 20 January, 2025

Therefore the law declared by the Hon‟ble Supreme Court in V.N. Devadoss Vs. Chief Revenue Control Officer-cum-Inspector and Ors: (2009) 7 SCC 438 shall be adhered to by the executive namely the Department of Registration in the present case. They cannot insist on the auction purchaser to pay Stamp Duty and Registration Charges on the market value in respect of a property which has been purchased in an auction sale, if such auction is 12 held by the Court or the Financer under the SARFAESI Act or by a Tax Recovery Officer.
Andhra Pradesh High Court - Amravati Cites 20 - Cited by 0 - Full Document

Ride Master Rims Private Limited vs Inspector General Of Registration on 7 June, 2024

9. This Court finds the ratio in V.N.Devadoss Vs Chief Revenue Control Officer-cum-Inspector and Others [(2009) 7 SCC 438] applies squarely to the facts of the present case. There must be a prima facie statement to suspect the valuation of the subject matter of any deed of conveyance, and there must be a justification for it too. And, when the market value is re- fixed under 47-A, which is higher than the one stated, it should indicate how that value has arrived. The power to determine the market value must conform to the standards set forth in 47-A(5), but still it cannot be arbitrarily done. To state it differently, the power to fix the market price does not grant a power to fix certain value randomly. On this score, the respondents herein have failed to justify their stand.
Madras High Court Cites 5 - Cited by 0 - N Seshasayee - Full Document

C. Gnanasekaran vs The Inspector General Of Registration on 5 August, 2010

10. The decision of the Supreme Court relied on by the learned counsel for the petitioners, reported in (2009) 7 SCC 730 : 2009 (3) LW 236 (V.N.Devadoss v. Chief Revenue Control Officer-cum-Inspector) is factually distinguishable as the sale in the said case was conducted by way of public auction by fixing an upset price and therefore undervaluation of the property cannot be presumed. Here the facts are entirely different as sale was not effected in none of these cases after conducting public auction with competing bidders.
Madras High Court Cites 20 - Cited by 1 - N N Vasanthakumar - Full Document

Smt.Vasundhra vs Government Of Tamil Nadu on 27 April, 2010

21.Applying the definition of market value as elicited above, from the definition of the Blacks Law Dictionary in the first place on the facts of the present case, there is no willing seller on the price to have the buyer who purchased in a private auction under Section 69 of the Transfer of property Act. As stated above, under Section 69 of the Transfer of Property Act, the mortgagee while exercising the power of sale cannot be treated as a willing seller in respect of the price since his desire is only to receive the amount due to him from the mortgagor who has committed default and the concern of the mortgagee is not about the price of the property. Therefore, the question of application of the market value to be taken as a conclusive one in a sale effected under Section 69 of the Transfer of Property Act is only a negatory. As correctly submitted by the learned Advocate General, the Hon'ble Supreme Court has decided that for the purpose of entertaining a doubt about the undervaluation in cases of sale effected in open market based on the open offer, what is to be decided is the presence of the control by an authority regarding the price. That was reported in 2009(7) SCC 438 (V.N.Devadoss Vs. Chief Revenue Control Officer-cum-Inspector and others). The Hon'ble Supreme Court in that case was referring to a sale effected in respect of the properties of a Government under the Sick Industrial Companies (Special Provisions) Act, 1985 where the sale was effected as per the direction of Board for Industrial and Financial Reconstruction (BIFR) and the Appellate Authority for Industrial and Financial Reconstruction (AAIFR) effected as open sale after the Assets Sales Committee (ASC) as per the directions of BIFR and AAIFR have fixed the valuation of the property and it was in those circumstances has held that Section 47-A of the Indian Stamp Act has no application. Taking note of the fact that the sale under the Sick Industrial Companies Act, 1985 has been effected under the control and orders of the statutory authority namely BIFR and AAIFR by forming a Assets Sales Committee consisting of the members who are the representatives of IDBI, debenture-holders, special Directors of BIFR etc has held that there is possibility wilful undervaluation, in the following paragraphs:
Madras High Court Cites 26 - Cited by 1 - P Jyothimani - Full Document

Dr. R. Thiagarajan vs Chief Revenue

" ... 5. The decision of the Apex Court relied upon by the learned counsel for the respondent in V.N.Devadoss v. Chief Revenue Control Officer- Cum-Inspector reported in (2009) 7 SCC 438, does not apply to the case on hand, in which applicability of Article, which has referred to above has not taken into consideration. Further, factual finding rendered therein was effected on the basis of the value fixed by Assets Sales Committee consisting of members such as representatives of IDBI, debenture-holders, Government of West Bengal and Special Director of BIFR. Therefore, the said judgment is distinguishable.
Madras High Court Cites 23 - Cited by 0 - M Duraiswamy - Full Document
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