PATTON ESTATES PVT LTD Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
PATTON ESTATES PVT LTD
STATE OF WEST BENGAL
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A.Lala, J. -
(1.)Several writ petitions are filed on the self-same issue. Hence, this Court was pleased to direct all such matters to be heard analogously and dispose of by delivering a judgment which will govern the field.
(2.)The relevant point for consideration is when the registering authority under the Stamp Act found an instrument of conveyance is undervalued and directed the party concerned to pay enhanced value, can such authority also direct such party to pay enhanced duty under Calcutta Improvement Act, 1911 proportionately with such enhancement"
(3.)Section 82 of the Calcutta Improvement Act, 1911 says that the duty imposed by the Indian Stamp Act, 1899, on instruments of sale, gift and usufructuary mortgage, respectively, of immovable property shall, in the case of instruments affecting immovable property situated in the Calcutta Municipality and executed on or after the commencement of this Act be increased by 2% on the value of the property so situated, of (in the case of an usufructuary mortgage) on the amount secured by the instrument, as set forth in the instrument. It further speaks that section 27 of the Indian Stamp Act, 1899 will be applicable herein as regards particulars of the property whether the same is within the Calcuta Municipality or outside. Section 27 says the consideration if any, and all other facts and circumstances affecting the chargeability of any instruments with duty, or the amount of the duty with which it is chargeable, shall be fully and truly set forth therein. Such section 27 was substituted by West Bengal Amendment with effect from 31st January, 1994. So far the earlier part is concerned, the same was replaced as it is but the additional part was incorporated under sub-section (2) therein wherefrom I find that in the case of the instruments relating to immovable property chargeable with an ad valorem duty on the market value of the property, and not on the consideration set forth therein, the instrument shall fully and truly set forth the annual land revenue in the case of revenue paying land, the annual rental or gross assets, if any, in the case of other immovable property, the local rates, municipal or other taxes, if any, to which such property may be subject, and any other particulars which may be prescribed by rules made under this Act. Section 47A was also substituted by West Bengal Amendment with effect from 31st January, 1994 which deals with instruments of conveyance etc. undervalued. Section 47B speaks about appeal. Section 47C speaks about suo motu revision by the Chief Controlling Revenue Authority. Thus, in totality, modalities are prescribed under the Indian Stamp Act by way of amendment to ascertain the actual market value of the property and impose ad valorem duty thereon not on the consideration set forth therein.
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