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Supreme Court of India· 03 January 2025

Whether the expression "reason to believe" in Section 47-A of the Indian Stamp Act, 1899 reflects the subjective satisfaction of the authorities concerned or the objective determination of the market value of the property?

CHIEF REVENUE CONTROLLING OFFICER-CUM-THE-INSPECTOR GENERAL OF REGISTRATION & ORS v. P. BABU

Coram: J.B. Pardiwala; R. Mahadevan
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Answer

It is not synonymous with the subjective satisfaction of the officer. The belief must be held in good faith; it cannot be merely a pretence. It is open to the Court to examine whether the reasons for the belief have a rational connection or a relevant bearing to the formation of the belief and are not irrelevant or extraneous to the purpose of the section. Satisfaction is necessary in terms of material available on record, which should be based on objective satisfaction arrived at reasonably.

Headnote

Indian Stamp Act, 1899 — s.47-A — Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968 — rr.3, 4, 6 and 7 — "Reason to believe" — Roving enquiry — Form I and Form II — Provisional order — Indian Stamp Act, 1899 — s.47-A — "Reason to believe" — Objective satisfaction — Held: The expression "reason to believe" is not synonymous with the subjective satisfaction of the officer; the belief must be held in good faith and cannot be merely a pretence. It is open to the Court to examine whether the reasons for the belief have a rational connection or a relevant bearing to its formation. (¶21) Indian Stamp Act, 1899 — s.47-A(1) — Reference to the Collector — Recording of prima facie reason — Held further: A Registering Officer may not undertake a roving enquiry to ascertain the correct market value, but is obliged to assign some reason for concluding that an instrument is undervalued. A document referred straightway without recording any prima facie reason vitiates the entire enquiry and the ultimate decision. (¶27) Rules, 1968 — rr.4(4), 6 and 7 — Provisional order and Form II — Final order — Held further: The Collector must pass a written order provisionally determining the market value, clearly indicating the basis on which it was arrived at, communicate it in Form II and receive representations before passing the final order. Passing the final order directly is in violation of Rules 4 and 6. Appeals dismissed. (¶30, 31)

In the Court's own words
Paragraph 19When both the authorities viz., the Registering Authority and the Collector are vested with the discretion to decide regarding the market value of the property, by the expression ‘reason to believe’, then whether it reflects the subjective satisfaction of the authorities concerned or it reflects the objective determination of the market value of the property? What is meant by ‘reason to believe’ is the issue to be considered.
Paragraph 21It has been rightly held in the case of Mohali Club, Mohali v. State of Punjab, reported in AIR 2011 P&H 23, that the Registering Officer, after registration of the document, can refer the same for adjudication before the Collector, if he has reason to believe that there was deliberate undervaluation of the property. Such a reference is not a mechanical act, but the Registering Officer should have a basis for coming to prima facie finding of undervaluation of the property. Duty is enjoined upon the Registering Officer to ensure that Section 47-A(1) does not work as an engine of oppression nor as a matter of routine, mechanically, without application of mind as to the existence of any material or reason to believe the fraudulent intention to evade payment of proper Stamp Duty. The expression ‘reason to believe’ is not synonymous with subjective satisfaction of the officer. The belief must be held in good faith, it cannot be merely a pretence. It is open to the Court to examine the question whether the reasons for the belief must have a rational connection or a relevant bearing to the formation of the belief and are not irrelevant or extraneous to the purpose of the section. The word ‘reason to believe’ means some material on the basis of which the department can re-open the proceedings. However, satisfaction is necessary in terms of material available on record, which should be based on objective satisfaction arrived at reasonably.
Acts & Sections
s.47-A Indian Stamp Act, 1899s.47-A(1) Indian Stamp Act, 1899s.17 Indian Stamp Act, 1899r.4(4) Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968r.6 Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968r.7 Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968r.3 Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968

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Also decided in this judgment
Must a Registering Officer record reasons before referring an instrument to the Collector as undervalued under the Indian Stamp Act, 1899?Under the Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968, can the Collector pass a final order determining market value without first passing a provisional order?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections