2022 (11) TMI 1385 - SC - Indian Laws

Court rules public auctions through court processes exempt from Section 47A Indian Stamp Act

Registrar of Assurances and Ors. Versus ASL Vyapar Private Ltd. and Ors.

The Supreme Court held that Section 47A of the Indian Stamp Act does not apply to public auctions conducted through court processes. It emphasized the ... Public Auction - calculation of stamp duty on market value of property - constitutional validity of Section 47A as applicable to West Bengal - applicability of the section on public auction - HELD THAT:- There are no 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. 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 obtainable as a result of the process by which the property has to be disposed of. We cannot lose sight of the very objective of the introduction of the Section whether under the West Bengal Amendment Act or in any other State, i.e., that in case of under valuation of property, an aspect not uncommon in our country, where consideration may be passing through two modes - one the declared price and the other undeclared component, the State should not be deprived of the revenue. Such transactions do not reflect the correct price in the document as something more has been paid through a different method. The objective is to take care of such a scenario so that the State revenue is not affected and the price actually obtainable in a free market should be capable of being stamped. It is trite to say that the mere existence of tenancy results in a considerable decline in the market value of the property as they may have their statutory rights and even otherwise, the purchaser would be acquiring the property hardly in an ideal scenario and would be left with the burden to take legal processes for the eviction. In such a scenario, there is actually a great depression in the market value of the property as even if a fair transaction without an auction takes place with full reflection of price, the transacted value would be half or less of a vacant property. The tenancy aspect can hardly be said to be an aspect which could be ignored in the determination of the price. 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 - The reference is answered accordingly and the appeals stand dismissed. Issues Involved:1. Applicability of Section 47A of the Indian Stamp Act to court auction sales.2. Determination of market value for stamp duty purposes in court-monitored sales.3. Jurisdiction and authority of the Registering Officer in questioning court-determined sale values.4. Interpretation and application of legal provisions and precedents related to undervaluation of property.Detailed Analysis:1. Applicability of Section 47A of the Indian Stamp Act to Court Auction Sales:The Supreme Court examined whether Section 47A of the Indian Stamp Act, as amended in West Bengal, applies to sales conducted through court auctions. The Court concluded that Section 47A does not apply to such sales, as they are conducted in a transparent manner and reflect the true market value of the property. The Court emphasized that court auctions are the most transparent way to obtain the correct market value, and any interference by the Registering Authority in these transactions would be unjustified.2. Determination of Market Value for Stamp Duty Purposes in Court-Monitored Sales:The Court held that the market value of a property sold through a court-monitored auction should be considered as the actual price obtained through the bidding process. The Court noted that the price obtained in a court auction might be slightly lower due to potential challenges and delays in obtaining a clear title, but this is the price obtainable through a transparent process. The Court rejected the notion that the Registering Authority should have the power to reassess the market value in such cases.3. Jurisdiction and Authority of the Registering Officer in Questioning Court-Determined Sale Values:The Supreme Court clarified that the Registering Officer does not have the jurisdiction to question the market value determined through a court auction. The Court emphasized that the Registering Officer's 'reason to believe' that the market value is undervalued must be based on concrete evidence and not on arbitrary assessments. The Court held that the Registering Officer cannot override the court's decision on the sale price, as the court has already ensured transparency and fairness in the auction process.4. Interpretation and Application of Legal Provisions and Precedents Related to Undervaluation of Property:The Court analyzed various precedents and legal provisions related to the undervaluation of property for stamp duty purposes. It referred to the judgments in Govt. of Andhra Pradesh v. P. Laxmi Devi and V.N. Devadoss v. Chief Revenue Control Office-cum-Inspector, which dealt with similar issues in different states. The Court concluded that the fundamental intent of Section 47A is to prevent undervaluation and ensure proper revenue for the state. However, this provision does not apply to court-monitored sales, as these sales are conducted transparently and reflect the true market value.Conclusion:The Supreme Court upheld the view that Section 47A of the Indian Stamp Act does not apply to public auctions carried out through court processes. The Court emphasized that court auctions are transparent and reflect the true market value, and the Registering Officer does not have the authority to reassess the market value in such cases. The appeals were dismissed, and the reference was answered accordingly. The Court also noted that certain aspects of the impugned judgment could not be endorsed, but no further inquiry was necessary in light of the conclusions reached.