|
|
|
|
ABSTRACT
Registration Department - SAMADHAN SCHEME - Collection of Stamp duty from instruments referred under sections 47-A(1), 47-(A)(3) and 19-B(4) of the Indian Stamps Act, 1899 - Remission of 40% of difference of duty chargeable on the value of properties as proposed by the Registering Officer and the duty already paid - Ordered - Notification - Issued. COMMERCIAL TAXES DEPARTMENT G.O.Ms.No.117. Read: G.O.Ms.No.35, Commercial Taxes Department, dated 26.2.1999. Read also: From the Inspector General of Registration, Chennai, letter No.30447/C5/2001, dated 19.7.2001 and 2.1.2002. ------- ORDER: Stamp duty on deeds of sale, exchange, gift etc. is collected with reference to the market value of the property. Guideline Value Registers are provided to all Sub-Registrar Offices indicating the values of the landed properties in each street and survey number. When a document is presented for registration, the Sub Registrar verifies whether the value set forth in the document is in accordance with the guideline value and the Public Works Department Schedule of Rates. If the value set forth in the document is in accordance with guideline value and the PWD Schedule of Rates, the document is registered and given to the registrant. If the value of the property set forth in the document by the registrant is below the guideline value in respect of lands or below the PWD Schedule of Rates in respect of buildings, he is asked to pay the difference amount of stamp duty. In case the executant refuses to pay the difference, the document is registered but is referred to the Special Deputy Collector ( Stamps ) appointed under the Indian Stamps Act for determination of market value. It was reported to the Government that the number of documents referred to the Special Deputy Collector ( Stamps) has been consistently increasing every year. However, the disposal of such documents by the Special Deputy Collector ( Stamps ) was not keeping pace with the inflow of such documents. As a result, revenues to the State running into crores of rupees were getting blocked. The public were also put to inconvenience, being unable to get the original documents. In order to obviate the situation, a Samadhan Scheme was implemented in the State in 1999. The Scheme was in vogue for seven months from 1.3.1999 to 30.9.1999. 2. According to the Inspector General of Registration, 94718 Documents were pending with Special Deputy Collectors ( Stamps ) for determination of market value as on 31.3.2002. In the year 2000 and 2001 alone, 53364 documents had been referred to Special Deputy Collector (Stamps ). On account of this, revenue by way of stamp duty amounting to crores of rupees due to the Government remain uncollected. In view of the present financial difficulty, it is practically not possible to appoint additional staff to speed up the work of determination of market value of properties. In the above circumstances, the Inspector General of Registration has sent a proposal to implement a Samadhan Scheme suggesting a remission of 40% the difference of stamp duty between what is chargeable on the value of the property as proposed by the registering officer and the duty already paid, in order to unlock the blocked revenue to the Government in his letters read above. 3. The Government after careful examination and on acceptance of the proposal of the Inspector General of Registration , have decided to remit 40% (Forty percent ) of the difference of stamp duty between the duty already paid and what is chargeable on the value of the properties (both for land and buildings including chargeable assets ) as proposed by the registering officer on the basis of Guideline Register in respect of land and the PWD Schedule of Rates in respect of buildings and they order accordingly. 4. The Government issue the following further instructions in this regard:- (i) Documents referred to the Special Deputy Collector (Stamps ) under sections 47-A(1), 47-A(3) and 19-B(4) of the Indian Stamp Act, 1899 and pending with him for determination of market value as on 18.4.2002 and the documents registered and pending with the registering officers on the above said date for referring to the Collector for determination of market value shall be made eligible for availing the concession under the Scheme. (ii) The Registration fee shall be collected proportionately as specified in the second proviso to Article 1 of the Table of fees issued under section 78 of the Registration Act, 1908. ( Central Act XVI/1908). (iii) The stamp duty and the registration fee payable under the scheme shall be collected in the registering office itself. (iv) The scheme will not be applicable to cases pending for recovery of arrears under the Revenue Recovery Act. (v) The scheme shall be implemented for sixty days from the date of notification. 5. The Notification appended to this order will be published in the Tamil Nadu Government Gazette Extraordinary, dated 01-10-2002. 6. The Works Manager, Government Central Press, Chennai is requested to send to Government for record, 25 copies of the Tamil Nadu Government Gazette Extraordinary dated 01.10.2002 in which the notification appended hereto is published. ( BY ORDER OF THE GOVERNOR ) SHAKTIKANTA
DAS, To The
Inspector General of Registration , Chennai-28. Copy to: The
Chief Minister's Office, Chennai-9. // Forwarded / By Order// Section Officer. APPENDIX NOTIFICATION In exercise of the powers conferred by clause (a) of sub-section (1) of section 9 of the Indian Stamp Act, 1899 ( Central Act II of 1899), the Governor of Tamil Nadu hereby remits 40% ( Forty percent) of the difference of stamp duty between the duty already paid and what is chargeable on the value of the properties ( both for land and buildings including chargeable assets) as proposed by the registering officer with reference to Guideline Register referred to in sub-rule (4) of rule 3 of the Tamil Nadu Stamp (Prevention of Under valuation of Instruments) Rules, 1968 and the Schedule of Rates prescribed by the Public Works Department ,- (i) in respect of instruments which have been referred to under sub-section (1) of section 47-A of the Act and are pending with the Collector for determination of market value as on 18.4.2002 ; (ii) on the instruments on which suo motu action has been taken by the Collector under sub-section (3) of the said section 47-A and are pending with him as on 18.4.2002 ; (iii) on the instruments mentioned in sub-section (4) of section 19-B of the said Act which are pending with the Collector as on 18.4.2002 ; and (iv) in respect of instruments registered and pending with the registering officer as on 18.4.2002 for referring to the Collector under sub-section (1) and (3) of section 47-A, and sub-section (4) of section 19-B of the said Act. 2. The above remission will be in force for sixty days only, from the date of this notification. SHAKTIKANTA
DAS, // True copy// Section Officer. PRESS RELEASE As announced by the Government in the floor of the Legislative Assembly on 19.4.2002, the Government have issued orders in G.O.Ms.No.117, Commercial Taxes Department, dated 26.9.2002 for introducing a New Samadhan Scheme in the Registration Department for a period of 60 days with effect from 1.10.2002. Generally stamp duty on deeds of sale, exchange, gift etc. is collected with reference to the market value of the property. When the Registering Officer is of the view that the value of property set forth in the document is less than market value, he refers such documents to Special Deputy Collector ( Stamps) for determination of market value and collection of deficit stamp duty thereon. It was reported to the Government that the number of such documents referred to the Special Deputy Collector (Stamps) has been consistently increasing every year. However, the disposal of such documents by the Special Deputy Collector ( Stamps ) was not keeping pace with the inflow of such documents. As a result, revenues to the State running into crores of rupees were getting blocked. The public were also put to inconvenience, being unable to get the original documents. To obviate above the Government have decided to implement the New Samadhan Scheme. The salient feature of the Scheme are as below:- (i) A remission of 40% ( Forty percent) of the difference of stamp duty between the duty already paid and what is chargeable on the value of the properties ( both for land and buildings including chargeable assets) as proposed by the registering officer with reference to Guideline Register and the Schedule of Rates prescribed by the Public Works Department is allowed. (ii) The documents pending with Special Deputy Collectors (Stamps) for determination of market value as on 18.4.2002 and those pending with registering authorities for referring to Special Deputy Collectors (Stamps)as on the above said date are eligible for the concession. (iii) The above remission will be in force for sixty days from 1.10.2002 to 29.11.2002. Public can avail the benefits under the new Samadhan Scheme during the period of its operation in the State. |
| |||||||
