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2011 Supreme(Mad) 1395

HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR, J.
Rajendran
Versus
The Inspector General of Registration & Others
C.M.A.Nos.583, 1306, 1483, 1484 & 2466 of 2009, C.M.A.Nos.165, 335, 700 & 741 of 2010 & 2513 of 2011 & M.P. Nos.1 of 2009 & 1 of 2011
Decided on : 12-03-2012

Advocates appeared:
For the Appellant:Ilanchezhian, S.K. Rakhunathan, R. Selvakumar, R. Marudha- chalamurthy, Advocates.

The Chief Controlling Revenue Authority-cum-Inspector General of Registration, Chennai, can only enhance the market value of the property under Section 47-A(6) of the Act, within the time provided in the Act. The Appellate Authority must follow the procedure contemplated under the Act and the Rules.

Headnote:

Stamp Duty - Market Value Enhancement - Indian Stamp Act, 1899, Section 47-A(5) - Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968, Rules 11-A & 12

Fact of the Case:

The Appellants purchased various properties and paid Stamp duty. The Chief Controlling Revenue Authority-cum-Inspector General of Registration, Chennai, enhanced the Stamp duty in all cases. The Appellants challenged the authority's power to enhance the market value on the Appeals preferred by the vendors under Section 47-A(5) of the Indian Stamp Act.

Finding of the Court:

The Court held that the Chief Controlling Revenue Authority-cum-Inspector General of Registration, Chennai, has no power to enhance the market value of the property without recourse to Section 47-A(6) of the Act, within the time provided in the Act. The Appellate Authority is directed to deal with the Appeal in each case, on merits, after following the procedure, contemplated under the Act and the Rules.

Issues: Whether the Chief Controlling Revenue Authority-cum-Inspector General of Registration, Chennai, has the power to enhance the market value of the property on Appeals preferred by the vendors under Section 47-A(5) of the Indian Stamp Act.

Ratio Decidendi: The Chief Controlling Revenue Authority-cum-Inspector General of Registration, Chennai, can only enhance the market value of the property under Section 47-A(6) of the Act, within the time provided in the Act. The Appellate Authority must follow the procedure contemplated under the Act and the Rules.

Final Decision: The Civil Miscellaneous Appeals are allowed only to the limited extent of holding that the Chief Controlling Revenue Authority-cum-Inspector General of Registration, Chennai, has no power to enhance the market value of the property without recourse to Section 47-A(6) of the Act, within the time provided in the Act. The Appellate Authority is directed to deal with the Appeal in each case, on merits, after following the procedure, contemplated under the Act and the Rules.

JUDGMENT

1. Challenge in these Appeals is whether the Chief Controlling Revenue Authority-cum-Inspector General of Registration, Chennai, can suo-motu enhance the market value, on the Appeals preferred by the vendors under Section 47-A(5) of the Indian Stamp Act and Rules 11-A & 12 of the Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968, with a consequential direction to pay the Stamp duty. As facts and submissions are similar, all the Appeals are disposed of by a common order.

2. In C.M.A. No.583 of 2009, the Appellant has purchased 42 Cents of lands, comprised in Ayan Punjai R.S. No.126/5 and 27 Cents of lands, comprised in Ayan Punjai R.S. No. 126/6 of Kandiyangkuppam Village, for the value of Rs.69,000/- (at Rs.1,000/-per Cent), under a Sale Deed, registered as Document No.1895 of 2005, on the file of the Joint Sub-Registrar, Virudhachalam and accordingly, Stamp duty has been paid. A reference has been made under Section 47-A(1) of the Indian Stamp Act, 1899 (hereinafter referred to as "the Act") to the Special Deputy Collector (Stamps), Cuddalore, Second Respondent herein, stating that the property has been undervalued. The Second Respondent, by an order, dated 30.11.2005, fixed the value of the property at Rs.5,400/- per Cent. Aggrieved by the same, the Appellant has preferred an Appeal under Section 47-A(5) to the Chief Controlling Revenue Authority-cum-Inspector General of Registration, Chennai, First Respondent herein, who by his order, dated 21.11.2008, has enhanced the Stamp duty from Rs.5,400/- to Rs.6,500/- per Cent.

3. In C.M.A. No. 1306 of 2009, the Appellant has purchased 2643 sq.ft., of lands, comprised in New Town S. No.4/5 and Town S.No.2/4, situated at Ward B, Block 2 in Namakkal Puttur Main Road, for Rs.58,146/-under a Sale Deed, registered as Document No.1034 of 2005, on the file of the Joint Sub-Registrar, Namakkal District and accordingly, Stamp duty has been paid. A reference has been made under Section 47-A(1) of the Act to the Special Deputy Collector (Stamps), Cuddalore, Second Respondent herein, stating that the property has been undervalued. The Second Respondent, by an order, dated 15.05.2006, fixed the value of the property at Rs.84/-per sq.ft. Aggrieved by the same, the Appellant has preferred an Appeal under Section 47-A(5) to the Chief Controlling Revenue Authority-cum-Inspector General of Registration, Chennai, First Respondent herein, who by his order, dated 23.03.2009, has enhanced the Stamp duty from Rs.84/- to Rs.100/- per sq.ft.

4. In C.M.A. No.1483 of 2009, the Appellant has purchased 14,780 sq.ft. comprised in R.S. No.324/1 of Aluvalakavazthalampattu Village, for Rs.1,47,000/- (at Rs.10/-per sq.ft), under a Sale Deed, registered as Document No.777 of 2003, on the file of the Joint Sub-Registrar, Cuddalore District and accordingly, Stamp duty has been paid. A reference has been made under Section 47-A(1) of the Indian Stamp Act, 1899 (hereinafter referred to as "the Act") to the Special Deputy Collector (Stamps), Cuddalore, Second Respondent herein, stating that the property has been undervalued. The Second Respondent, by an order, dated 14.10.2005, fixed the value of the property at Rs.110/- per sq.ft. Aggrieved by the same, the Appellant has preferred an Appeal under Section 47-A(5) to the Chief Controlling Revenue Authority-cum-Inspector General of Registration, Chennai, First Respondent herein, who by his order, dated 30.12.2008, has enhanced the Stamp duty from Rs.110/- to Rs.125/- per Cent.

5. In C.M.A. No.1484 of 2009, the Appellant has purchased 14,105 sq.ft., comprised in R.S. No.324/1 of Aluvalakavazthalampattu Village, for Rs.1,41,000/- (at HO/- per sq.ft.), under a Sale Deed, registered as Document No.776 of 2003, on the file of the Joint Sub-Registrar, Cuddalore District and accordingly, Stamp duty has been paid. A reference has been made under Section 47-A(1) of the Indian Stamp Act, 1899 (hereinafter referred to as "the Act") to the Special Depu













































































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