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TMI Blog2025 (4) TMI 428X X X X Extracts X X X X X X X X Extracts X X X X ..... o the impugned Refusal check slip in Refusal Number FRL/ Thuraiyur / 4/ 2023 dated 4.01.2023 and quash the same as arbitrary, illegal and without jurisdiction and consequently direct the respondents herein to refund the excess amount of Rs.1,35,33,970/- paid by the petitioner firm for registration of sale certificate under protest as stamp duty and registration charges as claimed by the 3rd respondent and direct the respondents not to proceed with under Section 47(A) of Indian Stamp Act to fix any other value or seek valuation of the Eauctioned property under Court proceedings and in furtherance direct the 3rd respondent to release the registered sale deed vide Doc.No.47 of 2023 dated 04.01.2023." The facts that led to the filing of the w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the instrument and referred it under Section 47-A claiming that there has been a wilful undervaluation of the property. Hence, the instant writ petition by the petitioner seeking the reliefs as aforesaid. 4. Though it has been held that a sale certificate does not amount to conveyance, if it is to be registered, the duty required under the Stamp Act has to be paid. Article 18 read with Article 23 makes it obligatory on the part of the purchaser to pay the stamp duty treating the sale certificate as a conveyance, if he wants registration of the instrument. However, by G.O.Ms.No.46 of Commercial Taxes and All Department dated 27.03.2012 referred to above, the Government exercising powers under Section 9 of the Indian Stamp Act had remitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by him. The decisions of this Court in the Inspector General of Registration v. K.K.Thirumurugan, (Division Bench,) The Inspector General of Registration v. Kanagalakshmi Ganaguru, (Division Bench), Dr.R..Thiagarajan v. Inspector General of Registration, (Full Bench) and The Inspector General of Registration v. Prakash Chand Jain, (Division Bench) are no longer good law, in view of the pronouncement of the Hon'ble Supreme Court in Esjaypee Impex Pvt Ltd v. Assistant General Manager and Authorised Officer, Canara Bank. 26. The next question that would arise is to the amount of stamp duty and registration charges payable, if such certificate is presented for registration. Article 18 of the Stamp Act, provides for Stamp Duty payable on a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inted by the Court. In doing so the Hon'ble Supreme Court observed as follows:- 22. On the conspectus of the matter, we have not the slightest hesitation in upholding the view that the provision of Section 47A of the Act cannot be said to have any application to a public auction carried out through court process/receiver as that is the most transparent manner of obtaining the correct market value of the property. 23. It is no doubt true that in a court auction, the price obtainable may be slightly less as any bidder has to take care of a scenario where the auction may be challenged which could result in passage of time in obtaining perfection of title, with also the possibility of it being overturned. But then that is a price obtai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iew that this reference is required to be answered by opining that in case of a public auction monitored by the court, the discretion would not be available to the Registering Authority under Section 47A of the Act. 9. In view of the above categoric pronouncement of the Hon'ble Supreme Court we conclude that the impugned action of the Sub-Registrar viz., the 3rd respondent are unwarranted and against law. The learned Single Judge however dismissed the writ petition at the admission stage itself and concluded that it will be open to the petitioner to raise all the issues in the 47-A proceedings. Unfortunately the attention of the learned Single Judge was not drawn to the recent pronouncement of the Hon'ble Supreme Court in Registra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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