STATE OF CHHATTISGARH Vs. SOURABH AGRAWAL

JUDGEMENT

(1.) Heard.

(2.) The relevant facts of the case, briefly stated, are that one Ramesh Kumar Agrawal, maternal uncle of respondent Sourabh Agrawal, executed a gift deed in favour of respondent on 27/8/2004, by which, he gifted an open land admeasuring 1144.70 sq.mtr. situated in Khasra No.950/2, 951/2 and 950/3 in the city of Ambikapur. For the purposes of Court fee, the market value of the property was stated in the document as Rs.19,75,000.00 and on this claimed market value, stamp duty and registration fee was paid. Three days thereafter, another transaction of gift was made by the same person i.e. Ramesh Kumar Agrawal on 31/8/2004, in favour of his sister Geeta Agrawal, mother of Sourabh Agrawal, by which, he gifted a strip of land admeasuring 86.90 sq.mtr. situated in Khasra No.951/2 and 952/2. The market value for the purposes of stamp duty and registration was stated as Rs.19,80,000.00. In the first gift deed dtd. 27/8/2004, the land was shown to be situated in Imlipara ward, whereas, in the second gift deed dtd. 31/8/2004, the location of the land was described as Deviganj road.

(3.) A complaint was however, later on, made to the Collector of Stamps that an attempt has been made to undervalue the land which was subject matter of gift transaction dtd. 27/8/2004. The complaint was that the market value of the property was deliberately undervalued to evade payment of stamps duty and registration fee in accordance with the then existing rates. On the complaint, the Collector of Stamps, assumed jurisdiction under Sec. 47-A(3) of the Indian Stamps Act, 1899 (for short 'the Act of 1899'), as amended under the State amendment. Various authorities like Nazul Officer, Revenue Officer were directed to submit report. A Notice was issued to Sourabh Agrawal. The Collector finally passed an order holding that the market value of the property was undervalued. According to the Collector of Stamps, the land was situated on Deviganj Road and therefore, the market value of residential plots were required to be applied and as the land was situated behind the main road, 10% reduction was also permissible and thus, according to the Collector of Stamps, true market value of the property was Rs.1,94,22,570.00 on which stamp duty of Rs.19,17,982.00 and registration fee of Rs.1,55,554.00 was leviable.