EZHILARASI Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) TWO appeals have been filed by the petitioners challenging the order of the first respondent upholding the order of the second respondent.

(2.) THE brief facts are- as follows:C.M.A.No.2418 of 2008:- (i) THE appellant Ezhilarasi purchased 0.68 cents of agricultural land in Chidambaram Town, Ward No.4, Block No.6, T.S.No.555 at the rate of Rs.6.75 per square foot = Rs.2,943/- per cent. THE document was executed on 15.4.1998 and presented on the same date (i.e.) on 15.4.1998. It was registered as document No.484/2001 on 7.3.2001. THE value as per the instrument was Rs.2,00,000/-(ii) THE respondent Department was of the view that the appellant has not set forth the true market value of the property in the instrument. THErefore, proceedings were initiated under Section 47A of the Indian Stamps Act read with Tamil Nadu Stamps (Prevention of Undervaluation of Instrument) Rules 1968 (herein after referred to as THE Act and THE Rules). Form-I notice was issued on 17.9.2001 in C.P.No.2644/2001-02. THE Department initially contended that the guideline value was Rs.253.50 per square foot. Appellant submitted her objections to the Special Deputy Collector (Stamps) and pleaded that the true market value has been declared. Considering the objections raised, the Special Deputy Collector (Stamps) fixed the market value of the property at Rs.18,000/- per cent = Rs.41.28 per square foot. THE deficit stamp duty was demanded on the differential value. (iii) Aggrieved by the order of Special Deputy Collector (Stamps), the second respondent herein, an appeal was filed to the first respondent, the Inspector General of Registration. When the appeal was pending before the authority, the appellate authority was of the view that the actual market value of the property was Rs.18,16,900/- per acre = Rs.18,169/- per cent. He was guided by the inspection report dated 7.6.2003 and the three documents of sale of the years 1995, 1996 and 2000. THE District Registrar also opined that the market value of the property was Rs.18,16,900/- per acre = Rs.41.67 per square foot. THErefore, a notice dated 25.9.2003 was issued to the appellant to show-cause as to why the market value of the property should not be fixed at Rs.18,16,900/- per acre. A final notice was also issued to the appellant and the first respondent passed the impugned order fixing the market value of the property at Rs.18,16,900/- per acre = Rs.18,169/- per cent = Rs.41.67 per square foot. On the differential value, stamp duty was demanded by the Department. Aggrieved thereby the Civil Miscellaneous Appeal has been filed.

(3.) WITHOUT prejudice, it was contended that even if the guideline value is to be taken as one of the para meters, the relevant date should have been in the year 1998 and not in the year 2000. On this premise, the order of the respondents are challenged.