VidhiSangh

Supreme Court of India · 10/11/2022

REGISTRAR OF ASSURANCES & ANR. versus ASL VYAPAR PRIVATE LTD. & ANR

[2022] 11 S.C.R. 1098 · 2022 INSC 1192

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Summary

In two Kolkata cases, a partition suit and a company liquidation, property was sold at a court-monitored public auction. The Registrar then demanded extra stamp duty under the West Bengal Section 47A of the Stamp Act, on a higher assessed market value. A three-Judge Bench answered the reference: a registering officer has no discretion under Section 47A over a public auction monitored by the court. An auction is among the most transparent ways to find market value. Once the court confirms the price, the registering authority cannot sit in appeal over it. V.N. Devadoss is not per incuriam. Some of the High Court's reasoning was disapproved, but the appeals were dismissed.

Issues

  1. Whether the registering officer may exercise power under Section 47A of the Indian Stamp Act, 1899 as applicable to West Bengal to reassess the market value of property sold at a public auction monitored by the court.
  2. Whether V.N. Devadoss is per incuriam in view of Kayjay Industries' observation that a court sale is a forced sale.

Provisions considered

Held

Result

Reference answered; Civil Appeal Nos. 8281 and 8282 of 2022 against the Calcutta High Court's judgment dated 13.05.2010 dismissed, albeit for the reasons stated.

Judgment PDF: Supreme Court of India, [2022] 11 S.C.R. 1098.