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2020 Supreme(SC) 404

UDAY UMESH LALIT, INDU MALHOTRA
INSPECTOR GENERAL OF REGISTRATION, TAMIL NADU – Appellant
Versus
K. BASKARAN – Respondent


Advocates Appeared:
For the Parties :Jayanth Muth Raj, M. Yogesh Kanna, K. V. Vijayakumar, Suvendu Suvasis Dash, Jose Abraham, Prateek K Chadha, T. Sundar Ramanathan, M. P. Devanath, Ishaan Chakrabarti, K. V. Mohan, M.A. Venkata Subramanian, Rakesh K. Sharma, Advocates

JUDGMENT

Uday Umesh Lalit, J.

1. Leave granted.

2. These eight appeals raise common questions touching upon the interpretation of Section 47A [As inserted by the Tamil Nadu Act 24 of 1967. Later, by the Tamil Nadu Act 1 of 2000, Sub- Sections (4) to (10) in Section 47-A were substituted for Sub-Sections (4) and (5)] of the Indian Stamp Act, 1899 (‘the Act’, for short) and the Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968 (‘the Rules’, for short) as amended from time to time. Said Section 47-A of the Act now stands:-

    “Section 47-A. Instrument of conveyance etc., undervalued how to be dealt with.- (1) If the Registering Officer appointed under the Indian Registration Act, 1908 (Central Act XVI of 1908), while registering any Instrument of conveyance, [exchange, gift, release of benami right or settlement] has reason to believe that the market value of the property of which is the subject matter of conveyance, exchange, gift, release of benami right or settlement, 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 market value of such property and the proper duty


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