SIDHIVINAYAK DEVELOPERS UJJAIN Vs. COLLECTOR OF STAMP

JUDGEMENT

(1.) Heard.

(2.) This petition has been filed by the petitioners under Article 226 of the Constitution of India against the order dtd. 6/10/2010, passed by the Board of Revenue affirming the order dtd. 22/2/2010, passed by the Collector of Stamp the respondent No.1 whereby the Collector has reviewed his earlier order dtd. 20/3/2009, and the petitioners were directed to pay stamp duty to the tune of Rs.3,34,751.00.

(3.) In brief, the facts of the case are that a declaration deed was executed by the petitioner on 24/3/2005 under the provisions of Madhya Pradesh Prakoshth Swamitva Adhiniyam, 1976, and on which the petitioner also paid the requisite stamp duty. The aforesaid document was audited subsequently and an audit objection was raised in the year 2006, and the matter was referred by the Sub-Registrar to the Collector of Stamp under Sec. 47- A(3) of the Indian Stamp Act, 1899 (in short the Act of 1899"), and the Collector of Stamp, vide his order dtd. 30/3/2009, increased the valuation and the consequential stamp duty to the tune of Rs.3,34,751.00 including the fine of Rs.5,000.00, out of which Rs.2.00lakhs has already been paid by the petitioners and the petitioners are also ready to pay the remaining amount. However, the aforesaid transaction again came under the scrutiny during the audit objection in the 2009 and the matter was again referred to the Collector Stamp, Ujjain, who has again exercised his powers under Sec. 47-A(3) of the Act of 1899 and has further increased the stamp duty to Rs.6,75,647.00 and being aggrieved, petitioners also preferred a revision under Sec. 56(4) of the Act of 1899, which also came to be dismissed by the Board of Revenue vide the impugned order dtd. 6/10/2010.