Property Registration Authorities demanding more stamp duty
(Querist) 11 October 2009
This query is : Resolved
I bought a property of vacant(agricultural) land in May 2005 and availed concession U/s.47(A). The Registering authority retained the Document and demanded more stamp duty after an inspection by themselves along with the Revenue Department officials. I paid as per their demand in Nov, 2005. Even after that they were demanding higher stamp duty stating that it is added in the nearby Municipal limits and its guide line value is increased. The land is still situated among the agricultural land and paying agricultural tax and is on the basis of the nearby river. I sent a reply letter through a lawyer stating that it was already revalued and the difference deficit stamp duty was also paid. But they were in practice of sending notices for enquiries in Collector office and due to my family circumstances i could not attend. Now a letter from the Inspector General of Registar has come and attend for an enquiry on the matter above mentioned demanding nearly Rs.4,53,000/- deficit stamp duty. Please advice me what shall i do? How to handle the situation.
Raj Kumar Makkad
(Expert) 11 October 2009
You should attend the hearing for enquiry set up by IG Registrar in your matter and put your case in detail therein. I hope the matter shall be decided in your favour. If not, then file an appeal before Collector of the area within 30 days of the decision of IG. Better avail the services of competent local revenue lawyer.
(Querist) 12 October 2009
Thanks to Mr. Raj Kumar Makkad
(Expert) 12 October 2009
Pl.get the copies of documents on which they rely about increased value of the land.If you have paid the stamp duty as per earlier vlue, the subsequent increase in value may not be applicable.
(Querist) 16 October 2009
Dear Mr.Niranjan, actually the property was already included in the Municipal area and valued at higher rate. But initially the land valued as per the sale consideration and when the Registering authorities retained the document, revalued with the help of Revenue authorities and levied another volume of stampduty since it was availed 47(A) and till then it is agricultural land and we have all the relevent documents noting that point and even the land tax is paid as agricultural land. The registerting authorities having valued it again despite the guide value(they did not demand the guideline value since it is agricultural land). It is their fauld and not the IG stamp duties in their audit find it out and called for an enquiry on that basis the collector & Registering authorities have undervalued it. We have all the documents that the property is still stand as agricultural land and does not yield any other income. That is our contention. I just want to know is it in its right path or the IG will demand higher stamp duty which is 20 times higher than it is paid