Monday 10 February 2014

An Article About "Stamp Duty Valuation"


The terminology 'under-valuation' is frequently used in matters of transfer of property, which has a direct bearing on payment of  stamp duty and registration charges payable to Government. Before turning upon the subject 'under-valuation', it is necessary to understand the constitutional provisions relating to stamp duty. Articles 246, 265, 268, 269(1) of the Constitution of India  are relevant  here.  Article 246 refers to the powers of Parliament  and State Legislature to make laws.  The Constitution of India  has union list,state list, and concurrent list. The  Parliament has powers to make laws in respect of matters mentioned in the  union list and state  legislatures  have powers to make laws in respect of matters mentioned in the state list and both have powers to make laws in respects of matters mentioned inthe  concurrent list.

For day-to-day functioning and to meet administrative expenses and also for under-taking develop-mental works, every Government whether in the Central or States requires revenue which are earned from different sources.  Levy of tax is one such source of income to the Government. Article 265 makes it very clear that no tax shall be levied or collected except under an authority of law.

Stamp duty registration charges are the  major  sources  of  revenue  to the State Governments. In Karnataka, the department of registration and stamp duty is ranked among the top five revenue earning departments of the State.

The stamp duty and registration charges are payable on ad-volerem   basis, that is based on the value of property. No maximum limit is prescribed in respect of stamp duty and registration charges payable on transfer of property. The stamp duty and registration charges go up with the increase in the value of sale consideration paid for  the property i.e. higher the sale consideration, the greater the stamp duty and registration charges. These charges are normally borne  by the purchaser of the property unless there is a contract between the parties  to the contrary effect. Apart from payment of sale consideration, stamp duty and registration charges, the purchaser has to incur expenditure to get revenue records mutated in his/her name and for transfer of power and water connections to his / her name. All these expenses put together would be around 12% of sale consideration.

To save some money from out of this expenditure, parties to a sale transaction by mutual consent mention the value of the property in the conveyance deed  at a much lower  figure  than its actual market value and thereby pay less stamp duty and registration charges while at the same time, the purchaser  makes payment of sale consideration as agreed upon to the vendor. This process of declaring the value of a property in the conveyance deed at a figure lesser than the actual sale consideration agreed upon for purposes of registration is generally known as  undervaluation of the property. This modus operandi  has two adverse effect on the society.  Firstly, there is loss of revenue to the Government and secondly, circulation of unaccounted money in the market goes up.  The Karnataka Stamp Act1957 has certain sections dealing with under-valuation of property. Section 45-A  inserted in the Karnataka Stamp Act 1957, during 1975  and 45-B inserted during 1991 deal with the subject.  Section 45-A deals with the procedure to be adopted where the properties are undervalued in a sale transaction.

The parties producing documents for registration have to file the market value of property calculated in the prescribed form No.1. If  registering officer has reasons to believe that the market value of the property shown in the document produced for registration is not the actual value of the property in the locality, he may arrive at the market value of such property and inform the parties to pay the stamp duty and registration charges according to the  market value arrived by him. For arriving at the market value, the registering officer will use the guidelines value published by the committee constituted for estimation of market value under Sec.45-B. Thevalues published by the committee are the guidelines value for registeringoffices to determine the market value. 

They are the average value of the property in a particular locality. If the sale consideration of a property shown in the sale deed is lower than the guidelines value pre-scribed for that area, then the stamp duty & registration charges are payable on the basis of the guide-lines value. If the market value of this property is more than the guidelines value, the stamp duty  payableis as per the market value.

The registering authority informs the market value as arrived by him in form 1-A to the parties. This gives options to the parties to contest the valuation done by the registering authority, or to agree or to withdraw the document from registration.

Theregistering officer may proceed with the registration, if  the party pays the stamp duty and  registration charges as arrived at by him. If the parties do not agree with the valuation arrived at by the registering officer and desire to contest the same, the registering officer shall  keep the process of registration pending  and refer the matter to the Deputy Commissioner along with a copy of the document presented for registration for determination of the correct  market value of property and stamp duty payable thereon. 

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