the provision is not retrospective—not correct to strain the person — THE INDIAN STAMP ACT, 1899 (2 of 1899)

Section 47A—the provision is not retrospective—not correct to strain the person to pay stamp duty by requiring him to pay the same on the basis of current Section 47A—the provision is not retrospective—not correct to strain the person liable to pay stamp duty by requiring him to pay the same on the basis of current marke value for circ bey his con on th da of a ring e is rrent market value for circumstances beyond his control—value on the date of agreement alone is relevant for stamp duly and not the value on the date by the court merge mstances nd rol—value e reement alone is relevant for stamp duly and not the value on the date by the court merge lapse of time between the date ot agreement and the execution of the document will not be the determining factor that the document is under—valued and this by itself lapse of time between the date ot agreement and the execution of the document will not be the determining factor that the document is under—valued and this by itself is not sufficient to invoke power u/s 47A. Brij Nandan Singh vs. State of Bihar, 2006(3) PLUR 538. For the purpose of valuation of stamp duly on pre-empted land, value as on te of transaction as ordered by court would be taken into account, B For the purpose of valuation of stamp duly on pre-empted land, value as on the date of transaction as ordered by court would be taken into account, Baidya Nath Prasad Singh vs. State of Bihar, 2007(3) PLJR 393. tak Nath Prasad Singh vs. State of Bihar, 2007(3) PLJR 393. strument presented for registration istrati un value passed with found to be underva lued. Order for payment y compliance of Rules S an strument presented for registration istrati found to be underva lued. Order for payment of Balun value passed without statutory compliance of Rules S and 10 of Bihar Instrument Valuation Rules. Impugned order not sustainable. Direction gi Balun value passed without statutory compliance of Rules S and 10 of Bihar Instrument Valuation Rules. Impugned order not sustainable. Direction given to register the gift deed with valuation presented by petiti n Rules. Impugned order not sustainable. Direction given to register the gift deed with valuation presented by petitioner. Radhika Devi vs. State of Bihar, 2007(4) PLUR 375.] gift deed with valu of Bihar, 2007(4) PLUR 375.] Recovery Comments and Case-law [Section 48 provides the mode of recovery of stamp duty and amount of penalty Board of Revenue vs. Electronic lradustries of India, AIR 1996 SC 616] [Section 48 provides the mode of recovery of stamp duty and amount of penal levied. Board of Revenue vs. Electronic lradustries of India, AIR 1996 SC 616] '[48A. Validity of certificate or endorsement in re Comments and Case-law ectronic lradustries of India, AIR 1996 SC 616] '[48A. Validity of certificate or endorsement in respect of instruments for higher rate of duty is payable in Bihar—Notwithstanding anything containe '[48A. Validity of certificate or endorsement in respect of instruments for which higher rate of duty is payable in Bihar—Notwithstanding anything contained in this Act, no certificate or endorsement under this Act in respect of er rate of duty is payable in Bihar—Notwithstanding anything contained in this Act, no certificate or endorsement under this Act in respect of an instrument chargeable in Bihar with a higher rate of duty under the Bihar Stamp (Amendment) this Act, no certificate or endorsement under this Act in respect of an instrument chargeable in Bihar with a higher rate of duty under the Bihar Stamp (Amendment) Act, 1937, shall be received in evidence or be in any way valid in respect of ar Act, Payment 1937, Instrument le in Bihar with a higher rate of duty under the Bihar Stamp (Amendment) ent 1937, shall be received in evidence or be in any way valid in respect of the of duty on such instrument or in respect of the chargeability of such Payment shall be received in evidence or be in any way valid in respect of the of duty on such instrument or in respect of the chargeability of such Instrument with duty, unless the duty chargeable under the Bihar Stamp (Amendment) Act, 1937, has b instrument or in respect of the chargeability of such the duty chargeable under the Bihar Stamp (Amendment) n such instrument. with duty, unless the duty chargeable Act, 1937, has been paid on such instrument. CHAPTER by the 4 made, 49. S State All the Co WANCES FOR STAMPS IN CERTAIN CASES ate Allowance for spoiled stamps.—Subject to such rules as may be made Government as to the evidence to be required, or the enquiry by the State made, the Collector Govern 50, and if he is sat ance for spoiled stamps.—Subject to such rules as may be made lector Government as to the evidence to be required, or the enquiry to be may, on applicati i ication made within the period prescribed in section ent as to the may, on applicati icati isfied as to the f i t made, the 50, and if Spoil the evidence to be required, or the enquiry to be cati i ication made within the period prescribed in section the facts, { make allowance for impressed sta d if Spoiled in the he Coll he cases ector may, on applicati i ication made within the period prescribed in section cases is satisfied as to the facts, { make allowance for impressed stamps hereinafter mentioned, namely:— s to the facts, { make allowa hereinafter mentioned, namely:— n any paper inadverte instrument. CHAPTER V OR STA CHAPTER V ALLOWANCES FOR STAMPS IN CERTAIN CASES wance for spoiled stamps.—Subject to or by before (a) er a) error the any reinafter mentioned, namely:— or the stamp on any paper inadvertently and undesignedly spoiled, obliterated in writring or any other means render ed unfit or the purpose in or by error before any instrument in writring (b) th stamp on any paper inadvertently and undesignedly spoiled, obliterated instrument in writring or any other means render ed unfit or the purpose intended written thereon is execute d by any person: any other means render ed unfit or the p written thereon is execute d by any person: any document which is written ou promissory (c) in ssory (c) in notes the ca notes the case — ase — ty thereto: of bills of exchange payable otherwise than on demand or is not (b) sig (b) signed the ned the stamp or exe tamp or executed on any thereon is execute d by any person: cuted on any document which is written out wholly or in part but which by any party thereto: ocument which is wr by any party thereto: lls of poe _ e _ (2) ha 2) has th s the no e not s t stamp been tamp been on ma on made any de any promissory note signed by or on behalf of the maker use of in any manner whatever or delivered out of his hands; promissory note signed by or on behalf of the maker use of in any manner whatever or delivered out of his . . ricte is @ Is o is Provided produced at Or may have been delivered to the ed that anether completed and duly stamped bill of exchange or promissory identical in every particular, except in the In ev correction of such payee: completed and duly stamped bill of exc identical in every particular, except in the In ev s aforesaid, with the spoiled bill or note: e @ s s Is o i In e ev produced identical in @ Is In omission Or error as aforesaid, (d) the stamp us ge or promissory every particular, except in the ev correction of such with the spoiled bill or note: instrument ex ion Or error as aforesaid, with the spoiled bill or note: (d) the stamp used for an instrument executed by (1) has been afterwards found any . (3) the stamp used cr intended to be used for any such bill ssory notes signed by, or on behalf of, the drawer there of exchange or which f omission bill of exch : (3) the om promissory or han notes error has n ge, may d signed been have tended to be used for any such bill of exchange or n by, or on behalf of, the drawer thereof, but which from any spoiled or rendered useless, although the same, be omission or error has been behalf of, the drawer thereof, but which from any spoiled or rendered useless, although the same, being a bill of exchange, may have been presented for acce : or, being & promissory ceptance or accepted or endorsed, note, may have red usele for acce cep n d o e : bill of exchange, may ha or, being & promissory Provid ess, although the same, being a ave been presented for acce ceptance or accepted or endorsed, note, may have been delivered to the her completed and dul payee: or to the d payee: by ed for an instrument execute (1) has been afterwards found to be absolute Ins. b any party thereto which— in law from the ty thereto which— ly void in law from the beginning;