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Section 47-A of the Indian Stamp Act authorises a reference...
Section 47-A undervaluation threshold: fraudulent intent requirement faces reconsideration after referral to a larger Bench for authoritative resolution.
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Section 47-A of the Indian Stamp Act authorises a reference where the registering authority has reason to believe that an instrument does not truly state market value or consideration. Its text does not expressly require proof of wilful undervaluation or fraudulent intent to evade stamp duty. Earlier larger-Bench precedent had treated such culpable intent as necessary, but that interpretation has been questioned as inconsistent with the statutory language. Judicial discipline prevents a smaller Bench from reconsidering a larger-Bench view; accordingly, the proper jurisdictional threshold under Section 47-A and the correctness of the prior interpretation stand referred to a Bench of appropriate strength.
Section 47-A of the Indian Stamp Act authorises a reference where the registering authority has reason to believe that an instrument does not truly state market value or consideration. Its text does not expressly require proof of wilful undervaluation or fraudulent intent to evade stamp duty. Earlier larger-Bench precedent had treated such culpable intent as necessary, but that interpretation has been questioned as inconsistent with the statutory language. Judicial discipline prevents a smaller Bench from reconsidering a larger-Bench view; accordingly, the proper jurisdictional threshold under Section 47-A and the correctness of the prior interpretation stand referred to a Bench of appropriate strength.
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