Section 47A
is constitutionally valid and the insertion of section 47A by the
Section 47A is constitutionally valid and the insertion of section 47A by the
in the lagisetiver 1988 an its anendment by Bihar (Amendment) Act, 1991 nally valid and the insertion of section 47A by the alt in the lagisetiver 1988 an its anendment by Bihar (Amendment) Act, 1991
is wit
c
Legislature, Umesh Thakur vs. is withi
State of competence of the
PL ey i
s is withi competence
State of Bihar, 1994 (1) PL ey ment by Bihar (Amendment) Act, 1991
i
State Legislature, Umesh Thakur vs.
Constitutional validity — Section 47A was inserted by Bihar (Amendment)
of 1988 and was further amended by Indian Stamp 'Bihar Amendmen
A Constitutional validity — Section 47A was inserted by Bihar (Amendment) Act 15 of 1988 and was further amended by Indian Stamp 'Bihar Amendment) Act, 1991. In terms of the 1991 Amendment Act, in sub-section (1) of section 47A, after dian Stamp 'Bihar Amendment) Act, 1991. In terms of the 1991 Amendment Act, in sub-section (1) of section 47A, after
the words "that the market value of the proper
which is the subje
matte
of such dment
section
tion
A,
er
the words "that the market value of the property which is the subject matter of such instrument has not been rightly set forth in the instrument the following words were the words "that the market value of the property which is the subject matter of such instrument has not been rightly set forth in the instrument the following words were
inserted "of which is less than the value calcu
in term
of the Rul
fra ent
rument
lowing
rds
re
inserted "of which is less than the value calculated in terms of the Rules framed under the Act." The legislative power conferred on State under Entry 44 of List II of inserted "of which is less than the value calculated in terms of the Rules framed under the Act." The legislative power conferred on State under Entry 44 of List II of Seventh Schedule of the Constitution is a wide one. State Legislature must be held under the Act." The legislative power conferred on State under Entry 44 of List II of Seventh Schedule of the Constitution is a wide one. State Legislature must be held
to have power to enact legislat
coverin
the entire field of Stamp duty. Provi h
ule
itution
e
islature
st
ld
to have power to enact legislation covering the entire field of Stamp duty. Provisions of section 47A having been enacted in order to neutralise the effect of under-valuation to have power to enact legislation covering the entire field of Stamp duty. Provisions of section 47A having been enacted in order to neutralise the effect of under-valuation
of instrument
must be held to be valid and within the legislat
compe
of se
valuation
of instruments, must be held to be valid and within the legislative competence of
Bihar Legis
Ume
Tha
vs. Sta
of Bi
19
(1
P