TMI Blog1996 (7) TMI 566X X X X Extracts X X X X X X X X Extracts X X X X ..... JUDGMENT Madan Mohan Punchhi, J. A learned Single Judge of the High Court of Allahabad dismissed the writ petition of the appellant, leaving the orders dated September 13, 1994 passed by Chief Controlling Revenue Authority, Board of Revenue, U.P. uninterferred with. On May 12, 1992, the appellant, for a sum of ₹ 70,000/- purchased a house in Saharanpur, a town in the State of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,852.50 paise had been evaded, which he ordered the appellant to pay, as well as to suffer payment of penalty to pay, as well as to suffer payment of penalty to the extent of ₹ 12,147.50 paise. On challenging this order in revision before the Chief Controlling Revenue Authority the first respondent, the market value of the house was reduced to ₹ 2.5 lacs and on the basis of this altere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nothing further was required to be done. Rule 351 of the U.P. Stamp Rule 1942 providing for determination of the minimum market value, also subserving the purpose of Section 47-A of the Act was explained to say that the minimum market value determinable was not the end of the matter and value could be determined at a figure higher than that if warranted. We have carefully examined the orders of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot know how, determined the monthly rental value of the property at ₹ 1500/- per mensem and worked out the price of the house on that basis. Despite that the Tehsildar at a subsequent stage reported that the annual rental value of the house was ₹ 1200/- per annum, whereas for house tax purpose it was recorded as ₹ 840/- per annum. the first respondent ignoring the same worked out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upset the impugned order of the first respondent and the proceedings for the supposed deficient payment of stamp duty, but confining the end result to the facts and circumstances of the instant case, when the valuation fixed is at least not below the minimum prescribed under Section 341 of the Stamp Rules. For the fore-going reasons, this appeal is allowed with costs. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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