- (1.) Application for placing on record the replication to the counter affidavit filed by the respondents 1 to 3 is allowed and the same is taken on record. Civil Writ Petition No.20304 of 2009
(2.) The petitioners challenge the order passed by the Appellate Authority under the Stamp Act, rejecting the plea of the petitioners that they were entitled to the benefit of the amendment brought about in Punjab Stamp (Dealing of undervalued instruments) Rules of 1983. This was done through a notification issued on 02.03.2009 and extended again by an order notification on 28.05.2009 and still later by yet another notification dated 25.08.2009. The dispute is with reference to the valuation date which is relevant for the purpose of collection of stamp duty and registration charges for property obtained by a person through a public auction of property offered by Punjab Urban Development Authority (PUDA). The petitioners were such allottees from PUDA now called Greater Mohali Area Development Authority (GMADA) and the price was payable in several installments, the last of which fell on 07.09.2005. The document had not been immediately made, but the petitioners got a sale deed executed on 03.07.2008 and presented for registration. The petitioners had recited the value as paid through various installments, while the Collector on a reference under Section 47-A demanded that the valuation shall be made at the Collector's rate as on the date when it was presented for registration. Against the Collector's decision, the petitioners had preferred an appeal to the Financial Commissioner and when it was pending, a notification had been issued on 02.03.2009 bringing about an amendment to the Rules that explained the market value of a property which would be the Collector's rate as the rate fixed by the Government or Government organization. This was further subject to a proviso which is the subject for an adjudication in this writ petition.
(3.) The amendment rule brought through the notification dated 02.03.2009 reads as under:- 1. These rules may be called the 'Punjab Stamp (Dealing of under valued instruments) Rules, 1983. 2. In the Punjab Stamp (Dealing of under valued instruments) Rules, 1983 in rule 3-A after the existing note, the following explanation shall be inserted:- Explanation.- The consideration amount fixed at the time of allotment of immovable property by any Government/Semi Government organization shall be deemed to be the Collector's rate and the stamp duty shall be charged for registration of document upon the consideration amount fixed by the Government/semi Government organization provided that document is got registered by the original allottee within three months from issue of this notification or within three months from the payment of last installment as per schedule of payment of such allotment.;