Andhra Pradesh High Court
Judges : A.GOPAL REDDY
State Bank of Hyderabad - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 01-18-05
Indian Stamp Act, 1899 – Section 56, 31 and 32, 26, 40, 41 – Commissioner of Survey – Settlements and land Records – Proper Construction – Writ petition raises a point of some significance in relation to proper construction and interaction of Section 56 of Indian Stamp Act, 1899 which reads thus control of and statement of case to, Chief controlling Revenue Authority – Powers exercisable by a Collector under Chapter IV and Chapter V and under clause (a) of the first proviso to Section 26 shall in all cases be subject to the control of the Chief Controlling Revenue Authority – (2) If any Collector, acting under Section 31 section 40 or Section 41- feels doubt as to the amount of duty with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with his own opinion thereon, for the decision of the chief Controlling Revenue Authority –Held, Right of bearing will arise only if a revision lies to the Chief controlling Revenue Authority under section 56 against the order passed by the collector under Chapter III, on a reference made by the Collector under sub-section (2) of Section 56 but not otherwise – Section is properly inserted under "adjudication as to Stamps – Only remedy left open to the petitioner is to challenge the adjudication made by the Collector under Sections 31 and 32 of the Act by filing a writ petition but not by way of revision, since no remedy is provided against the said order under the Indian Stamp Act – Petition is dispose
( 1 ) THIS writ petition raises a point of some significance in relation to proper construction and interaction of Section 56 of indian Stamp Act, 1899 (for short the Act ) which reads thus:control of and statement of case to, Chief controlling Revenue Authority: (1) The powers exercisable by a Collector under Chapter IV and Chapter V and under clause (a) of the first proviso to Section 26 shall in all cases be subject to the control of the Chief Controlling Revenue Authority. (2) If any Collector, acting under Section 31 section 40 or Section 41- feels doubt as to the amount of duty with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with his own opinion thereon, for the decision of the chief Controlling Revenue Authority. (3) Such authority shall consider the case and a copy of its decision to the Collector, who shall proceed to assess and charge the duty (if any) in conformity with such decision. Since the revision was filed against the order passed by the District Registrar under Sections 31 and 32 of the Act, it is necessary to resolve the controversy on true interpretation of above sections, which provides:section 31 Adjudication as to proper stamp: (1) When any instrument, whether executed or not and whether previously stamped or not, is brought to the Collector, and the person bringing it applies to have the opinion of that officer as to the duty (if any) with which it is chargeable, and pays a fee of such amount (not exceeding five rupees and not less than eight annas) as the Collector may in each case direct, the collector shall determine the duty (if any) with which, in his judgment the instrument is chargeable. (2) For this purpose the Collector may require to be furnished with an abstract of the instrument, and also with such affidavit or other evidence as he may deem necessary to prove that all the facts and circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein, and may refuse to proceed upon any such application until such abstract and evidence have been furnished accordingly: provided that (a) no evidence furnished in pursuance of this section shall be used against any person in any civil proceeding, except in an enquiry as to the duty with which the instrument to which it relates is chargeable; and (b) every person by whom any such evidence is furnished, shall, on payment of the full duty with which the instrument to which it relates, is chargeable be relieved from any penalty which he may have incurred under mis Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid. Section 32 Certificate by Collector : (1) When an instrument brought to the collector under Section 31 is, in his opinion, one of a description chargeable with duty, and (a) the Collector determines that it is already fully stamped, or (b) the duty determined by the Collector under Section 32, or such a sum as, with the duty already paid in respect of the instrument, is equal to the duty so determined, has been paid, the Collector shall certify by endorsement on such instrument that the full duty (stating the amount) with which it is chargeable has been paid. (2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in manner aforesaid that such instrument is not so chargeable. (3) Any instrument upon which an endorsement has been made under this section, shall be deemed to be duly stamped or not chargeable with duty, as the case may be; and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly stamped: Provided that nothing in this section shall authorise the Collector to endorse (a) any instrument executed or first executed in India and brought to him after the expiration Of one month from the da
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