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SARAL SRIVASTAVA
Young Style Overseas – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Hon'ble Saral Srivastava, J.
1. Heard Sri Shashi Nandan, learned Senior Counsel assisted by Sri Sanjay Goswami and Sri Shreyas Srivastava, learned counsel for the petitioner and Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Chandan Kumar, learned counsel for the respondents.
2. The petitioner in the instant writ petition has assailed two orders dated 17.08.2022 and 02.08.2017 passed by the District Magistrate/Collector (Stamp), Agra (hereinafter referred to as ‘respondent no.2’) in Stamp Case No.94 of 2013-14. Respondent no.2 by order dated 02.08.2017 decided the issue no.1 formulated by the Chief Controlling Revenue Authority vide order dated 16.12.2011, and by order dated 17.08.2022, he determined the deficiency in stamp duty to the tune of Rs.1,45,35,270/-
3. The brief facts of the case are that the petitioner is a partnership firm having its registered office in Agra and is primarily dealing in the export of shoes.
4. As per the petition, one M/s. Wasan Shoes Limited was the owner of Khasra No.191 (old) having an area of 2 Bigha, 5 Biswa, and 16 Biswansi, and Khasra No.192 (old) having an area of 3 Bigha, 11 Biswa, and 8 Biswansi situated at Mau
The sale by tender does not constitute a public auction under Article 18 of the Indian Stamp Act, allowing the Collector to reassess market value and stamp duty under Section 47-A.
The Collector of Stamps must adhere to previous valuations and cannot apply new ASR for determining market value in cases remanded for fresh adjudication.
Court auctions dictate the valid market value of properties, precluding stamp authorities from imposing differing assessments of duty.
Stamp duty – In case of a public auction monitored by court, discretion would not be available to Registering Authority under Section 47A of Indian Stamp Act, 1899.
Point of Law : Person presenting the instrument is required to disclose the nature of economic activity, industrial development, if any, prevailing in the locality where the property is situated and ....
Registration Authorities cannot question court-determined property valuations under Section 47-A of the Indian Stamp Act, as it undermines judicial authority.
The valuation of property fixed by a court is final and cannot be challenged by registration authorities under Section 47-A of the Indian Stamp Act, as it undermines judicial authority.
The Collector must follow due process and provide notice before determining stamp duty; reliance on ex-parte inspections without evidence contravenes procedural laws.
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