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The Madras
state supreme court has control that an instrument, whether or not a
‘certificate of sale’ or ‘sale deed’, issued in a very public auction of
properties, was guilty with tax underneath Article eighteen scan with Article
23 of Schedule I to the Indian legislative act, 1899.
Nothing that
there was an rising trend among purchasers of properties publicly auctions to
hunt issue of Certificates of Sale instead of Deeds of Sale, the state supreme
court recalled that in Shree Vijayalakshmi trust case [Shree Vijayalakshmi
trust vs Sub-Registrar, Erode Dt. (2009 (5) CTC 15] the read that a certificate
of sale didn't attract tax had found acceptance. however the question on
whether or not tax was owed on a certificate of sale wasn't examined within the
same case on a comparative analysis of all provisions of the Transfer of Property Act, 1882, the tax Act and therefore the Registration act, 1908, and
problems with repugnancy and therefore the dominant impact of 1 act over the
opposite, it had been control.
Analyzing
the Transfer of Property Act, the Honorable state supreme court recalled that
the Apex Court created it clear in Raghunath vs Kedar Nath [1969 (1) SCC 497]
that the documents of that registration was necessary, fell at intervals the
scope of Section forty nine of the Registration Act which if not registered,
they weren't permissible as proof of any group action touching any stabile
property comprised in this.
Under the
legislative act regardless of and Delaware hors provisions of the Registration
act, a certificate of sale issued to a buyer of property sold publicly auction, was needed to be sealed as
per Article18 scan with Article23 if the acquisition cash exceeded Rs.100 of Schedule
one of the legislative act. The provisions of the legislative act and therefore
the Registration Act operated on parallel lines.
Neither of
them contains a non-abstante clause thus on exclude operation of the opposite.The choice given underneath the Registration Act to manufacturers of bound
documents, to register them or not, was not to be constructed as an exemption
from payment of stamp duty. Therefore, the sole conclusion that might be drawn
by a combined reading of the 3 Acts was that by no matter name the instrument
was referred to as, it had been guilty with tax, it had been held.
In view of
the higher than, the appliance was disposed of with a direction to the Official
Liquidator to issue a certificate of sale or execute a sale deed in line with the selection of the auction buyer.
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