2016 (9) TMI 1681 - HC - Indian Laws

Determnation of deficient stamp duty registration charges and penalty payable on a sale deed executed - assessment of the market value of the property - property should be considered residential for the purpose of stamp duty calculation or not - HELD THAT - It is settled law that the market value of the property subject matter of an instrument produced for registration has to be assessed on the basis of nature of the property as on the date of execution of the instrument the possible future use of the property is hardly of any relevance and no assessment of the market value of the property can be made keeping in view the intended use of the property by the beneficiary of the instrument. It has come on record that the property in question was an agriculture land at the time of execution of the sale deed and the registration thereof and therefore the stamp duty and registration charges having been paid by the petitioner as determined by the Sub Registrar Sirohi there was no occasion for the Senior Account Officer Registration Stamp to make a reference to the Collector (Stamp) under Section 47A of the Act. As a matter of fact even subsequent conversion of the land for non agricultural use cannot be made basis for levy of the stamp duty and registration charges presuming that the land was intended to be used for residential/commercial purpose at the time of registration. Conclusion - The property in question was an agriculture land at the time of execution of the sale deed and the registration thereof and therefore the stamp duty and registration charges having been paid by the petitioner as determined by the Sub Registrar Sirohi there was no occasion for the Senior Account Officer Registration Stamp to make a reference to the Collector (Stamp) under Section 47A of the Act. Petition allowed.

Summary

The High Court of Rajasthan considered a writ petition challenging an order by the Collector (Stamp), Pali, regarding the determination of deficient stamp duty, registration charges, and penalty on a sale deed executed for an agricultural land. The main issue was the assessment of the market value of the property and whether it should be considered residential for the purpose of stamp duty calculation.The petitioner purchased agricultural land for Rs. 2,53,000 and submitted the sale deed for registration. The Sub Registrar assessed the market value at Rs. 4,16,240, and the petitioner paid the stamp duty and charges accordingly. However, based on an audit objection, the Senior Account Officer referred the matter to the Collector (Stamp), who assessed the market value at Rs. 12,48,720, considering the land's potential non-agricultural use due to its location on the main road. This led to a demand for additional stamp duty, charges, and penalty amounting to Rs. 84,748.The petitioner argued that the Collector erred in assuming the land's future use and assessing it as residential, contrary to the property's status at the time of the transaction. The petitioner relied on a Supreme Court decision emphasizing the importance of determining market value based on the property's current use, not potential future use.On the other hand, the respondents contended that if the land appeared to be used for residential or non-agricultural purposes, the market value should be calculated at three times the agricultural land value. They supported the Collector's assessment of the property as residential and defended the demand for additional charges.The Court reviewed the arguments and evidence presented. It clarified that the market value of the property for stamp duty purposes should be determined based on its status at the time of the transaction, without considering potential future uses. The Court emphasized that even if the land was later converted for non-agricultural use, it should not impact the stamp duty calculation based on the initial agricultural status.Consequently, the Court found the Collector's order erroneous and unsustainable in law. The writ petition was allowed, and the Collector's order dated 3.8.99 was set aside. No costs were awarded in the matter.In summary, the Court held that the market value of property for stamp duty assessment should be based on its status at the time of the transaction, not on potential future uses. The Court emphasized that subsequent changes in land use should not impact stamp duty calculations based on the initial status.