VARDHMAN TEXTILE LIMITED Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -company purchased 20 marlas (1 kanal) plot bearing No. 394 situated in Scheme No. 10, Town Improvement Trust, Urban Estate, Premgarh, from the Improvement Trust, Hoshiarpur. The consideration paid by the petitioner-company was Rs. 37,500/-. Taking this as a base value, sale deed was registered and petitioner had paid stamp duty. Thereafter, a reference was made by the Sub Registrar that Audit Team has raised an objection that sale deed was not registered in consonance with circle rate and the same was undervalued, as there was deficiency in the payment of stamp fee. In the reference made, Sub Registrar stated that at the time of registration, Collector has drawn a Schedule and fixed the rate and the stamp duty paid was not according to the prevailing Collector rate. Petitioner has made a grievance before the Collector and the Appellate Authority that he had affixed the stamp duty and reflected the consideration as per the allotment price and, therefore, the Collector rate cannot be taken into consideration. A Division Bench of this Court, to which I was party, in Sukhjit Singh Cheema v. Punjab Urban Planning and Development Authority, Chandigarh, 2009(1) RCR(Civil) 337 held as under :-

(2.) MR . Handa appearing for the petitioner has further stated that the reference was to be made by the Sub Registrar at the time of registration and later reference is not to be made on the basis of audit objection. This matter was also dealt with by a Division Bench of this Court in Sukhjit Singh Cheema's case (supra) and held as under :-

(3.) ALL the pleas raised by Mr. Handa stand determined in Sukhjit Singh Cheema's case (supra) and M/s. Ralla Ram Lal's case (supra).