THE STATE OF PUNJAB AND ORS.versusM/S. MAHAJAN SABHA, GURDASPUR AND ORS.

A                    THE STATE OF PUNJAB AND ORS.
                                         v.
             M/S. MAHAJAN SABHA, GURDASPUR AND ORS.

                              NOVEMBER 21, 1995

B               [K. RAMASWAMY AND B.L. HANSARIA, JJ.)

          Indian Stamp (Punjab Amendment) Ac~ 1982:

          S.47A-Document registered in the name of a Co-operative Society,
C without stamp duty and registration charges-After two years sub-Registrar
    making a reference to Collector-Consequently notice issued-Whether
    Authorities ceased to have power to take action calling upon the party to pay
    the stamp duty and registration charges-Whether ba"ed by limitation of two
    years prescribed under sub-S.(3)-No-Action taken by the authorities-Con-
    sistent with the provisions of the Act.
D
          A sale deed was executed in favour of the respondents for a con-
    sideration of R. 2,50,000 in respect of the building situated in Gurdaspur.
    Since it is a society registered under the Societies Registration Act, no
    stamp duty was affixed and no registration charges were paid. When it was
    pointed out by the auditing authority, the Sub-Registrar had made a
E   reference to the District Collector for collection of the stamp duty of Rs.
    32,350 and also registration fee of Rs. 1,000. The Collector issued notice
    to the respondent who filed his objections contending that since the
    document was registered two years prior to the issuance of the notice, the
    Collector ceased to have any power to take action calling upon the respon-
F   dents to pay the stamp duty and the registration fee. The Collector had
    rejected the contention and consequential orders were passed by the
    Additional District Judge and thereafter revision in the High Court ended
    in favour of the respondents. Hence this appeal by the State Government.


G       The respondents contended that when the Collector initiated action
  under sub-section (2) of section 47-A, he gets jurisdiction only if the action
  is initiated within two years from the date of the registration of the
  instrument; that since it was sought to be revised after two years, the
  Collector is devoid of jurisdiction to take action under sub-section (3) of
H section 47-A.
                                       526
                         STATE v. MAHAJAN SABHA                         527

        Allowing the appeal, this Court                                        A
      HELD 1. The limitation of two years prescribed in sub- section (3)
of S.47A of the Indian Stamp Act would apply only in a case where the
Collector takes action either suo motu or on receipt of reference from the
inspector General of Registration or the Registrar of the District ap-
pointed under the Registration Act, 1908 in whose jurisdiction the property    B
or any portion thereof, which is the subject matter of the instrument, is
situated. In case of initiation of the action by the aforesaid officers, the
limitation of two years from the date of the registration of any instrument
would arise. In other words, the limitation prescribed in sub-section (3) of
section 47-A has no application to the case when a reference was made by       C
the Registering Authority, namely, the primary authority under sub-sec-
tion (1) of section 47-A. If all the three sub-sections are conjointly read,
the inevitable conclusion would be that the action of the Collector taken
under sub-sections (2) and (3) on reference under sub-section (1) is not
controlled by the limitation of two years prescribed under sub-section (3).    D
Accordingly, in the instant case, the action initiated by the Collector was
not barred by limitation. [531-A-D]

      2. Neither stamp duty nor registration fee has been paid on the value
of the instrument mentioned in the document registered. Under the cir-
cumstances, the action taken by the authorities is clearly consistent with     E
the provisions of the Act. [531-D-E]

        CIVIL APPELLATE JURISDICTION: Civil Appeal No. 11508 of
1995.

     From the Judgment and Order dated 10.8.94 of the Punjab &                 F
Haryana High Court in C.R. No. 2836 of 1994.

     U. N. Bachawat,       Alakshendra Misra and G. K. Bansal for the
Appellants.

        Ashok Grover and C.K. Mahajan for the Respondents                      G
        The following Order of the Court was delivered :

        Leave granted.

        This appeal by special leave arises from the order of the High Court   H
    528                   SUPREME COURT REPORTS. (1995) SUPP. 5 S.C.R.

A   dated August 10, 1994 made in C.R. No. 2836/94 dismissing the revision
    filed by the State on 5.2.1990. When the respondents had gone to the High
    Court by way or writ petition, it had given liberty to the respondents to file
    an appeal before the District Judge. The appeal was accordingly filed
    before the Additional District Judge at Gurdaspur. In C.A. No. 11/19 of
    1991 by order dated March 21, 1991, the District Judge held that once the
B   Sub- Registrar had registered the document, he became functus officio and,
    therefore, he has no power to make a reference to the Collector for
    collecting the deficit stamp duty and registration charges. When this was
    questioned, as stated earlier, the High Court rejected the revision. Thus
    this appeal by special leave.
c
           The facts would lie in short compass. The sale deed No. 3033 was
    executed in favour of the respondents for a consideration of Rs. 2,50,000
    in respect of the building situated in Gurdaspur. Since it is a society
    registered under the Societies Registration Act, no stamp duty was affixed
D   on the sale deed. Equally, no registration charges were paid. When it was
    pointed out by the auditing authority, the Sub-Registrar had made a
    reference to the District Collector for collection of the stamp duty of Rs.
    32,350 and also registration fee of Rs. 1,000. On receipt of the reference,
    the Collector issued notice to the respondent who files his objections on
    October 9, 1989 contending that since the document was registered two
E   years prior to the issuance of the notice, the Collector ceased to have any
    power to take action calling upon the respondents to pay the stamp duty
    and the registration fee. As stated earlier, the Collector had rejected the
    contention and consequential orders were passed by the Additional Dis-
    trict Judge and thereafter revision in the High Court ended in favour of
    the respondents.
F
          The only question canvassed in this case is whether limitation of two
    years prescribed in sub-section (3) of section 47A of the Indian Stamp
    (Punjab Amendment) Act, 1982, Act 20 of 1982) (for short 'the Act')
    stands attracted. Section 47-A reads thus :
G
            "47-A(l) : Instrument under valued how to be dealt with - If the
            Registering Officer appointed under the Registration Act, 1908
            (Central Act No. 16 of 1908), while registering any instrument
            relating to the transfer of any property has reason to believe that
H           the value of the property or consideration, as the case may be, has
              STATE v. MAHAJAN SABHA                             529

not been truly set forth in the instrument, he may, after registering A
such instrument, prefer the case to the Collector, for determination
of the value of the property or the consideration, as the case may
be, and the proper duty payable thereon.

(2) On receipt of reference under sub-section (1), the Collector
shall, after giving the parties reasonable opportunity of being heard   B
and after holding an enquiry in such manner as may be prescribed
by rules under this Act, determine the value or consideration and
the duty as aforesaid and the deficient amount of duty, if any, shall
be payable by the person liable to pay the duty.
                                                                        c
(3) The Collector may suo motu, or on receipt of reference from
the Inspector General of Registration or the Registrar of a district,
appointed under the Registration Act, 1908 (Central Act No. 16
of 1908) in whose jurisdiction the property or any portion thereof
which is the subject matter of the instrument is situate, shall, within
two years from the date of registration of any instrument, not D
already referred to him under sub-section (1) call for and examine
the instrument for the purpose of satisfying himself as to the
correctness of its value or consideration, as the case may be, and
the duty payable thereon and if after such examination, he has to
believe that the value of consideration has not been truly set forth E
in the instrument, he may determine the value or consideration
and the duty as aforesaid in accordance with procedure provided
for in sub- section (2) and the deficient amount of duty, if any,
shall be payable by the person liable to pay the duty.

(4) Any person aggrieved by an order of the Collector under             F·
sub-section(2) or sub-section (3) may, within thirty days from the
date of that order, prefer an appeal before the District Jud6e and
all such appeals shall be heard and disposed of in such manner as
may be prescribed by rules made under this Act.

Explanation : For the purpose of this section, value of any property    G
shall be estimated to be the price which in the opinion of the
Collector or the appellate authority, as the case may be, such
property would have fetched, if sold in the open market on the
date of execution of the instrument relating to the transfer of such
~~"                                                                     H
    530                   SUPREME COURT REPORTS [1995) SUPP. 5 S.C.R.

A          It has been contended on behalf of the respondents that when the
    Collector initiated action under sub-section (2) of section 47- A, he gets
    jurisdiction only if the action is initiated within two years from the date of
    the registration of the instrument. Since it was sought to be revised after
    two years, the Collector is devoid of jurisdiction to take action under
    sub-section (3) of section 47-A. We find on force in the contention.
B
          Sub-section (1) of section 47-A gives power to the Registration
    Aut4ority, i.e., Sub-Registrar, when he has reason to believe that the' value
    of the property or consideration, as the case may be, has not been truly set
    forth in the instrument, he may, after registering such instrument, refer the
C   case to the Collector for determination of the value of the property or the
    consideration, as the case may be, for proper stamp duty payable thereon.
    For initiation. of action under sub-section (2) before giving opportunity to
    the vendee etc., the condition precedent is the receipt of reference under
    sub-section (1). In other words, on receipt of reference under section
D   47A(l), notice under Sub- section (2) is to be given to the vendee/vendor.
    The impugned notice given to the respondents clearly indicates that the
    Collector had taken action under the sub-section (2) and (3) of section
    47-A of the Act on the receipt of reference under sub- section (1) of
    section 47. It reads thus :

E           "Regarding determination/assessment of the deficient amount of
            duty by Collector under sub-section (2) and (3) of section 47-A of
            the Indian Stamp Act, 1809 in respect of sale deed No. 3033 dated
            4.9.87."

          It would thus be seen that the question of initiating the action under
F   sub-section (2) woul<l arise only after receipt of the reference under
    sub-section (1). The reference will be only by the Registering Authority,
    namely, the sub-Registrar who registered the document.

          By operation of sub-section (3) which envisages that "the Collector
G   may suo motu or. .............. " (emphasis supplied) call for and examine the
    instrument for the purpose of satisfying himself as to the correctness of its
    value or consideration, as the case may be, and the duty payable thereon
    and after such examination, he has to believe that the value of considera-
    tion has not been truly set forth in the instrument, he may determine the
    value or consideration and the duty as aforesaid in accordance with pro-
H   cedure provided in sub-section (2) and the deficient amount of duty, if any,
                          STATE v. MAHAJAN SABHA                            531

    shall be payable by the person liable to pay the duty." The limitation of two A
    years prescribed in sub-section (3) would apply only in a case where the
    Collector takes action either suo motu or on receipt of reference from the
    Inspector General of Registration or the Registrar of the District ap-
    pointed under the Registration Act, 1908 (Central Act 16of1908) in whose
    jurisdiction the property or any portion thereof, which is the subject matter
                                                                                   B
    of the instrument, is situated. In case of initiation of the action by the
    aforesaid officers, the limitation of two years from the date of the registra-
    tion of any instrument would arise. In other words, the limitation
    prescribed in sub-section (3) of section 47-A has no application to the case
    when a reference was made by the Registering Authority, namely, the
    primary authority under sub-section (1) of section 47-A. If all the three      c
    sub-sections are conjointly read, the inevitable conclusion would be that
    the action of the Collector taken under sub-sections (2) and (3) on refer-
    ence under sub-section (1) is not controlled by the limitation of two years
    prescribed under sub-section (3). Accordingly, we hold that the action
    initiated by the Collector was not barred by limitation.
                                                                                   D
          Admittedly, neither stamp duty nor the registration fee has been paid
    on the value of the instrument mentioned in registered document No. 3033.
    Under those circumstances, the action taken by the authorities is clearly
    consistent with the provisions of the Act.
                                                                                   E
          The appeal is accordingly allowed. The order of the High Court and
    that of the additional District Judge is set aside and that of the Collector
    is confirmed. But in the circumstances, parties are directed to bear their
    own costs.

    G.N.                                                       Appeal allowed.
J