1. "Whether surcharge, on the duty imposed under the Indian Stamp Act on the sale Certificate issued by the Recovery Officer under Chapter V of the Recovery of Debts due to Banks and Financial Institutions Act 1993 read with rule 65 of the II Schedule to the Income Tax Act 1961, can be levied"?. This is, precisely, the question, which needs to be answered in this writ petition.

2. The property bearing flat No.1079-A (ground floor), at Anna Nagar in Villivakkam village was brought for sale by the Recovery Officer attached to the Debt Recovery Tribunal No.II, Chennai as per the provisions of the Recovery of Debts Due to the Banks and Financial Institutions Act 1993 in DRC No.456 of 2001, as per the order made in T.A.No.434 of 1997. Public auction was held by the Recovery Officer on 28.09.2001, in order to recover the amount due to the Federal Bank, Thirumangalam, Chennai, from its erstwhile owner Mr.B.S.Jeyapandian. The petitioner was the successful bidder. The petitioner paid the entire sale consideration of Rs.8,50,000/- and the sale was confirmed in his favour. Thereafter, the Recovery Officer issued a Sale Certificate dated 29.10.2001 as provided in Rule 65 of the II