- (1.) HEARD Sri V.C.Srivastava, learned counsel for the petitioner and Sri Nimai Das, learned Standing Counsel for the respondents.
(2.) NECESSARY pleadings have been exchanged between the parties and counsel for the parties agree for final disposal of the writ petition at admission stage itself. The instrument in question is a deed of gift dated 11.2.2009 executed by one Ramesh Chand Lohia in favour of his grand-son in respect of a property of Rs.61 lakhs in value, as disclosed in the Gift-deed. However, on the objection of Sub-Registrar its value was enhanced to Rs. as Rs.61 lakhs for the purposes of stamp duty and on the said value stamp duty of Rs.4,27,100/- was duly paid. On an inspection made on 21.4.2009, a report was submitted thereon on 27.2.2009 and the matter was referred under Section 33/47-A of the Indian Stamp Act, 1899 (hereinafter referred to as the 'Act') for determination of the market value and the deficiency in payment of stamp duty. Pursuant thereto Collector, Stamp, Bijnor vide order dated 11.6.2010 determined the deficiency in stamp duty after adjusting the stamp duty already paid as Rs.2,71,220/- and imposed a penalty of Rs.69,161/- which was directed to be deposited by June 2010 failing which a sum of Rs.4,068/- per month as interest was leviable. The aforesaid order was upheld in appeal which was dismissed by the Commissioner of the Division vide order dated 11.10.2010.
(3.) THE aforesaid two orders have been assailed by the petitioner in the present writ petition, on one of the grounds that the first floor portion of the property was residential in nature and, therefore, the authorities under the Act have erred in valuing the said portion as commercial. The more important aspect involved in this writ petition is whether the authorities under the Act are competent under Section 47-A of the Act to determine the market value of the property referred to in the gift-deed in question for the purposes of levy of stamp duty.;