P. N. HAGWATI, J. M. SHELAT, J.

( 1 ) BY his letter dated May 31 1961 the Inspector General of Registration without framing any specific questions has made to us the present Reference. Though specific questions have not been raised the learned Government Pleader appearing for the Revenue has agreed that in substance the following would arise from this Reference. The question which can be culled out from the Reference is whether the Collector is entitled for the purpose of ascertaining the adequacy or otherwise of the amount of stamp duty paid on the deed of conveyance in question submitted for registration to go behind the consideration set out therein and ascertain the true amount or the value of consideration on which the stamp duty is payable.

( 2 ) THE Reference arises from the following facts:- By an agreement dated April 22 1959 made between Bharat Vijay Mills Ltd. of the one part and The Ahmedabad Manufacturing and Calico Printing Co. Ltd. of the other part the Bharat Vijay Mills Ltd. agreed to sell and The Ahmedabad Manufacturing and Calico Printing Co. Ltd. agreed to purchase lands buildings plants machinery furniture fixtures and accessories therein set out for the aggregate price of Rs. 11 50 0 Under clause 2 of the agreement it was agreed that out of this sum of Rs. 11 50 0 the purchaser company should pay Rs. 1 0 0 on the execution of the agreement and the remainder on the completion of the purchase. By clause 8 the parties agreed to apportion the sale price of Rs. 11 50 0 as follows :- rs. 5 0 as the value of the lands; rs. 1 0 0 as the value of the buildings; rs. 5 0 as the value of the furniture; rs. 90 0 as the value of the stores spares and accessories for the machinery in use; and rs. 9 50 0 as the value of the plant machinery fixtures fittings and accessories. Clause 9 of the agreement provided that for the purpose of stamp duty on the conveyance the sum of Rs. 1 50 0 should be taken to be the value of the lands buildings plants and machinery in the nature of immovable property and the balance of Rs. 10 0 0 for the value of the machinery furniture fixtures fittings and accessories as transferable by delivery of possession. The result therefore was that out of Rs. 1 50 0 Rs. 1 5 0 were allocated for the lands and buildings and the balance of Rs. 45 0 was allocated for the machinery and plant in the nature of immovable property. The schedule to the agreement set out the various lands and structures standing thereupon as also the different machineries and plants and certain quotas and licences agreed to be assigned or transferred to the purchaser company. It appears that under the powers reserved under clause 10 of then agreement the purchaser company appointed the Kalol Mills Private Ltd. Kalol as their nominees and under the provisions of that clause called upon the vendor company to execute the deed of conveyance in favour of the said nominees. In pursuance of the said agreement by an indenture of conveyance dated May 25 1959 the vendor company in consideration of the said sum of Rs. 1 50 0 granted assigned and transferred unto the purchaser company the leasehold lands hereditaments and premises more particularly described in the first part of the first schedule thereto together with factories buildings bungalows residential blocks chawls and other structures and works constructed erected or standing on the lands plant machinery and installations in the nature of immovable property as also certain freehold lands more particularly described in the second part of the said schedule together with structures standing thereupon and plants machinery and installations in the nature of immovable properties. Though the deed of conveyance stated that the vendor company thereby conveyed assigned and transferred plant machinery and installations in the nature of immovable property the schedule attached to the said indenture of conveyance did not specify what were the plant machinery and installations regarded by the part

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