KAMLESH RANI Vs. COMMISSIONER, FARIDKOT DIVISION

JUDGEMENT

(1.) The petitioners challenge recovery of stamp duty collected on value of the property at the time of registration and not the value as fixed when the original allotment was made. Admittedly in this case, the petitioner had been allotted property by a State Functionary in the year 1984 and the last date of installment was 17.2.2005 when the document of sale was also executed. It was subsequently brought for registration on 26.4.2005 on the value as stated in the document worked on the basis of the installments paid by the petitioner to the owner of the property.

(2.) The contention of the State is that the stamp duty for registration shall be done only on the valuation of the property on the date of the sale and the date of registration and not the value as originally fixed in the year 1984. Dealing with this situation the counsel for the State relies on a decision of this Court in Sukhjit Singh Cheema, Advocate v. Punjab Urban Planning and Development Authority, Chandigarh and others, 2008 152 PunLR 484 that held that the stamp duty will be calculated on the basis of value of the property at the date of registration of instrument and not as per original sale consideration recited in the letter of allotment. The Bench was dealing with this situation making a reference to Rule 3-A of Punjab Stamp (Dealing of Undervalued Instruments) Rules, 1983 that empowered the State Government to determine the correct date in consultation with the committee of experts. The Bench ruling was as follows:

(3.) This benefit obtains to all instruments which could have been brought for registration and considered within three months from the payment of last regular installment or registrations made upto 2.9.2009. This document was presented for registration before 2.9.2009 and therefore the petitioner is entitled to the benefit of this notification. The action for recovery on the basis of valuation at the time of registration shall stand quashed and the respondent shall register the document on the valuation as found in the instrument being the value of the property that was determined at the time of allotment.