1993 (9) TMI 84

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..... e the process of registration ; instead he made the endorsement which states : "I find according to records of the office, the value of the property shown in the document is more than two lakhs. Hence, this document is refused to be accepted for registration with request to produce the income-tax clearance certificate." The petitioner has attributed ulterior motive to the second respondent which has been denied by the second respondent. For the purpose of this writ petition, it is unnecessary for me to consider the same. I think it is open to the petitioner to agitate this matter elsewhere. The undervaluation of an instrument produced for registration is taken care of by section 45A of the Karnataka Stamp Act, 1957. The said provision .....

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..... the document, he invoked the provisions of section 230A of the Income-tax Act, 1961. Section 230A(1) to the extent it is relevant to the instant case reads as follows : " 230A. Restrictions on registration of transfers of immovable property in certain cases.-(1) Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provisions of clause (a) to clause (e) of sub-section (1) of section 17 of the Indian Registration Act, 1908 (16 of 1908), purports to transfer, assign, limit, or extinguish the right, title or interest of any person to or in any property valued at more than two lakhs rupees no registering officer appointed under that Act shall register any such d .....

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..... on in question. A plain reading of section 230A conveys the idea that if the document purports to transfer any property valued at more than Rs. 2 lakhs, the said provision would be attracted. If the valuation is less than Rs. 2 lakhs, the registering authority is not given the power to enquire into the actual value of the property, Section 230A nowhere provides for an enquiry by the registering authority at all. The learned Government Pleader relies on a decision of the Allahabad High Court in Swastic Sahkari Awas Samiti Ltd. v, State of (J. P. [1991] 191 ITR 443. In the said decision the Bench held that the Sub-Registrar before whom the sale deed is presented for registration shall have to value the property sought to be transferred in a .....

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