G.L.OZA, S.S.SHARMA, B.C.VARMA
MANOHAR KUNWARBAI – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
( 1 ) THIS reference under Section 57 (1) of the Stamp Act, 1899, made to this Court by the Chief Controlling Revenue Authority, i. e. , Board of Revenue, Madhya Pradesh, arises under these circumstances.
( 2 ) ONE Manohar Kunwar Bai, the applicant made a gift of certain immovable property to Smt. Manju Kunwar Bai under a gift deed dated 9-4-1971. The property was valued at Rs. 5,000/- and stamp-duty was accordingly paid on this valuation. However, in the course of proceedings for assessment of Income-tax, the property was valued at Rs. 49,650/ -. The Income-tax Officer apprised the Collector of this under valuation of the gift deed. The Collector thereupon forwarded the same and desired the Collector of Stamps (Sub-Divisional-Officer, Balaghat) to take suitable action, After due notice to the applicant and after hearing her, the Collector of Stamps vide its order dated 313-1978, found the correct valuation of the property to be Rupees 49. 650/ and directed the applicant to pay the deficit stamp-duty and impose a penalty of Rs. 1,000/ -. The order of the Collector of Stamps was challenged by the applicant before the Chief Controlling Revenue Authority (Board of Reve
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