Arun Tandon, J. - (1.) THE Order passed by the First Appellate Authority under the (Indian) Stamp Act dated 24.4.2006 as well as order passed by the Chief Revenue Officer, U.P. Allahabad in appeal under Section 56 of the (Indian) Stamp Act dated 7.6.2013, are challenged by means of the present writ petition. It is not in dispute that the document, which was subject -matter in the aforesaid proceedings has been executed in the year 12.1.2001 and the proceedings in accordance with the provisions of Stamp Act had been initiated against the petitioner in the year 2001 itself. In view of the said facts, the provisions of the U.P. Stamp (Valuation of Property) Rules 1997 as applicable on the date of initiation of the proceedings are to be taken into consideration.
(2.) ACCORDING to the petitioner, the order impugned are bad on three grounds: (a) an application was made by the petitioner for leading oral evidence, which has not been considered in its true perspective and, therefore, the orders are bad; (b) that the Respondent Authorities have illegally included the gallery, which had been constructed inside the building within the covered area; and, (c) Rule 5 as applicable in the year 2001 was arbitrary. The valuation of the land should not have been taken into consideration. According to the petitioner, it is for removing the said defect in Rule 5, that it was amended in the year 2006. Therefore, the valuation of property covered by the deed should have been calculated in accordance with the Rules of 2006. Heard Sri Mahesh Chandra Joshi and learned Standing Counsel. As already noticed above, the deed subject -matter of consideration in the present proceedings was registered in the year 2001. Proceedings under the (Indian) Stamp Act were also initiated in the year 2001 and, therefore, the valuation of the property, which is subject -matter of the sale -deed has to be worked out in accordance with U.P. Stamp (Valuation of Property) Rules 1997 for the purposes of calculating the amount of stamp duty payable on the said transaction under Article 23 of the Schedule 1 to the (Indian) Stamp Act. It may be clarified that under Article 23 of the Schedule (b) stamp duty payable on the deed has to be calculated on the market value of the property ad valorem and for the purpose, it is necessary that the market value of the movable property be determined in accordance with the provisions of U.P. Stamp (Valuation of Property) Rules 1997 as applicable on the date of the transaction.
(3.) UNDER Rule 5(c)(ii) of the U.P. Stamp (Valuation of Property) Rules 1997, the market value of the properties made out for commercial use had to be determined as follows: ;