NAME : OM SACHINDRAKUMAR
MALI
STD : 4TH BLSLLB
SUBJECT : LAND LAW
TOPIC NAME ; ADJUSTMENT AS
PER MAHARASHTRA STAMP
ACT.
The Mahabharata stamp act is the act provided the facility that
empathic the welfare of the state and its system and provide the
benefit to the state system of adjudication of stamp duty involves the
evaluation of the process instruments by the Collector, who determines
the duty payable based on the provided abstract and evidence.
The applicability of the provisions regarding the adjudication of stamp
duty, as mentioned in Section 31to 32c of the Mahabharata Stamp Act,
1956, applies to companies or individuals who have issued share
certificates. Specifically, the requirement for stamp duty payment on
share certificates is applicable to all companies incorporated under the
laws of India.
(1) When any instrument, whether executed or not and
whether previously stamped or not, is brought to the
Collector, and the person bringing it applies to have the
opinion of that officer as to the duty (if any) with which it is
chargeable, and pays a fee of such amount (not exceeding
five rupees and not less than 1[fifty naye paise]) as the
Collector may in each case direct, the Collector shall
determine the duty (if any) with which, in his judgment, the
instrument is chargeable.
(2) For this purpose the Collector may require to be
furnished with (a true cony or An abstract of the instrument,
and also with such affidavit or other evidence as he may
Deem necessary to prove that all the facts and
circumstances affecting the chargeability of The instrument
with duty, or the amount of the duty with which it is
chargeable, are fully And truly set forth therein and may
refuse to proceed upon any such application until “|such true
copy or abstract) and evidence have been furnished
accordingly to it.
Section 31
(3) Registration of Instrument: Valuation of Property for
stamp duty: Valuation for Suit Valuation and Court by Civil
Court by Civil Court: Section 47-A, Section 2(16-B) and
Section 2(12) of the Indian Stamps Act, 1899. The Trial Court
directed Petitioner, who was not party before that the Court,
to complete registration on The basis of stamp duty as per
suit valuation. The Suit was valued at? 50 Lakhs. During
pendency of the Suit, dispose was compromised and the
Order was passed in terms of the compromise on
30.03.2001. Subsequently, on 12/02/2007, some clerical
corrections were made in that Order. For registration, the
decree was presented and the Same was objected by
Petitioner. The Order was challenged before the High Court.
At the instance of Petitioner / Sub-Registrar, the High Court
dismissed the Petition by placing reliance on its earlier
decision in Nitya Hari Kundu &Ors v. State of W.B., 2001 AlR
(Calcutta) 76. The Impugned Orders set-aside holding that
the Registering Authority cannot be compelled to follow
invariably the value fixed by the Court for purposes of Suit
Valuation. In Such situations, for Registering Authority is
refer to the Court for valuation purpose. The scheme of
valuation for Gestation would show that an instrument has to
be valued in terms of market value at the time of execution
Of the document. The market value for purp0ses of the
Indian Stamp Act is not the same as suit valuation Of
jurisdiction and court fee. The assessment of stamp duty and
registration of an instrument have different Procedures. In
view of Rule 3 of the West Bengal Rules, the Suit Valuation
cannot be followed automatically for Gestation. The Suit
Valuation Act and Indian Stamps Act operate in different
fields.
Section 31(3)
Transfer of Lease: Whether a case of and chargeable to stamp
duty. MIDC intended to grant a Lease of its Plot to one Nitu
Vinod Dubey. But before execution of Lease she assigned her
rights in favor of Petitioner. The Collector of Stamps holds that
it being transfer of Lease is Chargeable under Entry 60 of
Schedule 1. Was held that the case of transfer of an Agreement
for Lease and Not of a Lease as such, therefore, no duty is
chargeable on it. Further assuming it was a Lease it is
exempted from duty u/s 31(3) of Ac. Hence Letters patent
Appeal liable to be allowed.
Section 31(4)
This section lays down that a collator shall examine a
document whether executed or not and express His opinion
regarding stamp duty with which the document is chargeable.
The collector’s opinion under section 31 is final and conclusive
and there lies no appeal to any higher authority in this respect
except on a reference To High Court.
This section deals with voluntary adjudication. It applies to all
documents mentioned in Schedule Ito the Act whether stamp
duty is payable on the basis of market value or not and
whether the duty is payable on ad Valorem basis or not.
Subject to the restrictions provided in the Proviso to section
32, there is no time-limit within which an Application for
adjudication can be made in it.
SECTION 32
Certificate by Collector
When an instrument brought to the Collector under section 31,
is in his One of a description chargeable with duty, and –
(a) The Collector determines that it is already fully
stamped, or
(b) The duty determined by the Collector under section 31,
or such sum aes with the duty already paid in respect of the
instrument, is equal to the duty, so determine Has been
paid,
The Collector shall certify by endorsement on such
instrument that the full duty (stating with Relevant Article of
Schedule I and the amount)) with which it is chargeable has
been paid.
(2) When such instrument is, in his opinion, not chargeable
with duty, the Collector shall certify in manner aforesaid that
such instrument is not so chargeable.
2. the Collector determines that it is already fully stamped,
or [Subject to the provisions of section 53-A, any instrument
upon which an endorse-met has been made] under this
section, shall be deemed to be duly stamped or not
chargeable with duty, as the case may be; and, if chargeable
with duty, shall be receivable in evidence or otherwise, and
may be acted upon and registered as if it had been originally
duly stamped: Or[S. 32
Provided that nothing in this section shall authorize the
Collector to endorse
Section 32(2)
(a) any instrument executed or first executed in the State
and brought to him after the expiration of one month from
the date of its execution or first execution as the case may
be;
(b) Any instrument executed or first executed out of the
State and brought to him after the expiration of three
months after it has been first received in this State:
(c) Any instrument chargeable with the duty of twenty naye
paise or less when brought to him, after the drawing or
execution thereof, on paper not duly stamped.
Impounding of documents : Assignment and Transfer
of Rights.
Date of the certificate of the Collector issued under section 32. The
revision is sought to The documents were submitted for opinion as to
the determination of duty on the same since, it was A Document of
assignment of right created in 1980. It was submitted but the Collector
impounded the same W’s 32-A and demanded duty with penalty. It was
held by Division Bench that the provision u/s 25 of the Act To the
transaction entered into 1980 and not from 1985 when Sec.25 was
introduced, the judgement in Padma Will Come into play if, the
document is presented for registration u/s 33 of the Act. Whether
Sec.25 will apply Nair v. Dy.Collector, Valuation and Stamp Duty, 1994
(1) Bom.C.R. 298 will hold the field and has been followed
Subsequently that Sec.25 will not be applicable to documents executed
prior to 9.12.1985, The instant case is not Covered by Sec.25.
Therefore, refund of duty paid under protest with 6% interest was
allowed.
Section 32(3)
As per Supreme Court decision in Govemment of Uttar Pradesh v. Raja
Mohammed Amir Ahmed Khan.,AID 4061 SC 787, the Collector after
adjudicating the duty becomes “function officio” and has no jurisdiction
to Proceed u/s 32 and u/s 33 of the Act. 1958.
There are government websites that provide to fill online
adjuration from
Online : https://igrmaharashtra.gov.in/Home/abhay_yojana
Online : https://efilingigr.maharashtra.gov.in/ereg/
Are such website for filling application on-line.
FORMAT OF ADJUDICATION IN SECTION 31 OF
MAHARASHTRA STAMP ACT.
APPLICATION UNDER SECTIOM 31 OF MAHARASHTAR STAMP ACT
ADJUCATION
Date: __/__/__
To.____________
Stamp Collector: ____________________
Sub:- Regarding Adjudication of the instrument under Section 31
of the Maharashtra Stamp Act.
Sir.
Under section 31 of the Maharashtra Stamp Act, the instrument is
enclosed for the purpose of Adjudication. The details thereof are
as under:-
1. Full Name & Address of the Applicant:-
2. Telephone No:-
Mobile No:-
E-mail No:-
3. Type of Instrument:
4. Names of parties who have executed/about to execute the
Instrument
(a) Party giving the property:-
(b) Party taking the property:-
5. Date of execution of the instrument:-
6. Agreed Consideration of the property:--
7. Description of the property: Name of Village: Taluka:---
District:
Hectare-Are
Survey No:-
If built up:-
Plot No:-Area:-
8. Brief Reasons for referring the case for Adjudication:-
11
2]
9. Other information, if any:-
We have submitted the instrument and the requisite ancillary
documents as per the Check-List accompanying the application
and deposited the Adjudication Fee with the Government; You are
requested to kindly get the instrument adjudicated.
Place:-
Date:-
Yours Sincerely,
(Sd/-)
Name of the Applicant-
