T V KARUNAKARA MENON Vs. DIST COLLECTOR KOZHIKODE

JUDGEMENT

(1.) The subject matter under consideration in this case is an instrument of gift dated 21-12-1971 executed by the deceased first revision petitioner in favour of his wife, the supplemental second revision petitioner and registered as document No. 2/1972 in the S.R.O., Kozhikode. The instrument shows value of the property dealt with therein as Rs. 6333.34 and accordingly stamp duty of Rs. 160/- was paid. The registering officer entertained doubt regarding the correctness of valuation and referred the matter to the District Collector under S.45A(1) of the Kerala Stamp Act, 1959 The District Collector, after enquiry, determined the value of the property as Rs. 1,02,906/- and held that the donor was liable to pay stamp duty for consideration equivalent to this value. Deficit stamp duty of Rs. 2,415/-was directed to be paid.

(2.) The donor filed appeal under S.45 A(4) of the Kerala Stamp Act before the District Court. The District Court however dismissed the appeal but without costs. Hence this revision.

(3.) S.3 of the Kerala Stamp Act states, inter alia, that every instrument mentioned in the Schedule to the Act if executed in the territories of the State of Kerala shall be chargeable with duty of the amount indicated in the Schedule as the proper duty thereof. S.17 states that all instruments chargeable with duty and executed by any person in the State of Kerala shall be stamped before or at the time of execution. S.28 states that the consideration, if any, and all other facts and circumstances affecting the changeability of any instrument with duty, or the amount of the duty with which it is chargeable, shall be fully and truly set forth therein. Art.31 of the Schedule to the Kerala Stamp Act states that in regard to an instrument of gift, not being a settlement or will or transfer, duty payable is "the same duty as a conveyance (No. 21 or 22, as the case may) for a consideration equal to the value of the property as set forth in the instrument. The relevant Article is Art.21. It states that the stamp duty payable on conveyance is determined by "the amount or value of the consideration for such conveyance".