RAKESH KUMAR Vs. STATE OF U.P

JUDGEMENT

(1.) . - The facts are : On 11-3-1992 a sale-dead favouring Rakesh Kumar of shop no. 13/1165/28 area 7.58 sqr meters situate in Shahidganj Bazar, Saharanpur for a sum at Rs. 70,000 00. The stamp duty paid is at Rs. 10,150.00. The instrument is registered and this closes the transaction.

(2.) On 22-4-1992 Sub-Registering officer forwards a reference under Sec. 47-A (2) Stamp Act under the orders of I. G. Registration. A stamp case is registered and a show cause notice issued. On 8-9-1992 Rakesh Kumars objection in opposition saying that he has purchased a shop on the upper story in new Market in Gali cut piece. The market value at Rs. 70,000,00 has been truly set forth. The stamps duty at Rs. 10,150 is fair and eminently proper. A certified copy of assessment of the shop for the year 1986-91 is filed. He avers that shop is 25 years old and on second story. The relief to dismiss the reference he prays the court for.

(3.) On 22-12-1993 Additional Collector (FIR) determines the market value at Rs. 21,5057.00. The value of the land at Rs. 65,057.00 as set forth in the sale-dead on basis of Rs. 8,580 00 per sqr meter for commercial and for an area of 7.58 sqr. meters. The value of the building is ascertained on basis of Rs. 500.00 per month for the shop : 12 x 25 time-Rs. 15,000.00. The stamp duty comes at Rs. 31247.50. The revisionist has paid Rs. 10,150.00. So he is directed to pay furthermore a sum at Rs. 21.097 50 and a penalty at Rs. 13,902 50. This totals to Rs. 35,000.00. Aggrieved by the order a revision by Rakesh Kumar.