THE BOMBAY STAMP ACT, 1958 - Igrmaharashtra.gov.in

Under sub-section (2) if the Collector acting under sections 31, 39 and 40 feels a doubtregarding the chargeability of an instrument, other than instrument referred to in subsection(1) of the section 32A, he can refer it to the Chief Controlling Revenue Authoritywith his own opinion endorsed thereon.The Chief Controlling Revenue Authority which is a quasi-judicial tribunal, has to decidethe matter judicially and therefore must give a hearing to the parties before deciding thecase .If the CCRA decides a case without giving a hearing to the aggrieved party, the HighCourt can call for a reference even if there is no case pending; [AIR 1966 Mad. 36].1 [53A. Revision of Collector's decision under sections 32, 39 and 41.(1) Notwithstanding anything contained in sub-section (3) of section 32, sub- section (2)of section 39 and sub--section (2) of section 41, when through mistake or otherwise anyinstrument is charged with less duty than leviable thereon, or is held not chargeable withduty, as the case may be, by the Collector, the Chief Controlling RevenueAuthority may,within a period of six years from the date of certificate of the Collector under section 32,39 or 41, as the case may be, require the concerned party to produce before him theinstrument and, after giving a reasonable opportunity of being heard to the party, examinesuch instrument whether any duty is chargeable, or any duty is less levied. thereon andorder the recovery of the deficit duty. if any, from the concerned party. An endorsementshall thereafter be made on the instrument after payment of such deficit duty.(2) On failure to produce the original instrument by the party, the Chief ControllingRevenue Authority shall proceed under this section on the basis of the true copy or anabstract of the instrument filed with the Collector under section 31 or sub-section (2) ofsection 37 and such copy or abstract shall be deemed. to be the original instrument for thepurposes of this section.]54. Statement of case by Chief Controlling Revenue Authority to High Court.2 [(1) The Chief Controlling Revenue Authority may state any case -(a) referred to it under sub-section (2) of section 53;(b) on an application made to it by the party interested. within the period, which in theopinion of the Authority is reasonable. raising a substantial question of law for referringthe same; or(c) otherwise coming to its notice;and refer such case formulating the precise question with its own opinion thereon, to theHigh Court.](2) Every such case shall be decided by not less than three Judges of the High Court andin case of difference, the opinion of the majority shall prevail.___________________________________-1. Section 53A was inserted by Mab. 27 of 1985, s. 35, (w.e.f. 10-12-1985).2. Sub-section (1) was substituted for the original by Mab. 27 of 1985, s.. 36, (w.e.f.. 10-12-1985).