SRIKANT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT petition is filed assailing the order dated 20.02.2013 passed by Additional Collector (Finance and Revenue), Haridwar and order dated 01.05.2013 passed by the Commissioner, Garhwal Mandal whereby it was held that stamp duty of Rs. 2,98,562/ - was deficit on the sale deed presented for registration on 03.12.2012. It was further held that over and above the deficit stamp fee of Rs. 2,98,562/ -, Rs. 2,98,562/ - should also be paid as penalty.

(2.) ON receipt of a reference under sub -section (1), the Collector shall, after giving the parties a reasonable opportunity of being heard, and after holding an inquiry in such manner as may be prescribed by rules made under this Act, determine the market value of the property which is the subject of such instrument, and the proper duty payable thereon.

(3.) THE Collector may, suo motu, or on a reference from any Court or from the Commissioner of Stamps, or an Additional Commissioner of Stamps or a Deputy Commissioner of Stamps or an Assistant Commissioner of Stamps or any officer authorised by the State Government in that behalf, within four years from the date of registration of any instrument, on which duty is chargeable on the market value of the property not already referred to him under sub -section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property, which is the subject of such instrument, and the duty payable thereon, and if after such examination he has reason to believe that the market value of such property has not been truly set forth in such instrument, he may determine the market value of such property and the duty payable thereon :