In force · As amended up to 2026-08
Chapter VI: REFERENCE AND REVISION
56. Control of, and statement of case to, Chief Controlling Revenue
Authority.—(1) The powers exercisable by a Collector under Chapter IV and Chapter
V & under clause
(a) of the first proviso to section 26 shall in all cases be subject to
the control of the
Chief Controlling Revenue authority.
(2) lf any Collector, acting under section 31, section 40 or section 41, feels
doubt as to the amount of duty with which any instrument is chargeable, he may
draw up a statement of the case, and refer it, with his own opinion thereoi) for the
decision of the Chief Controlling Revenue-authority.
(3) Such authority shall consider the case and send a copy of its decision to
the Collector, who shall proceed to assess and charge the duty (if any) in conformity
with such decision.
Comments and Case-law
[The Chief Controller revenue authority has full power to interfere with the
Collector's
order provided
it was found to be erroneous. Tindeshwar Dayal vs.
Maheshwar Dayal, AIR 1990 SC 485.]
57. Statement of case by Chief Controlling Revenue-Authority to High
Court.—(1) The Chief Controlling Revenue-Authority may state any case referred to
it under section 56 sub-section (2), or otherwise coming to its notice, and refer such
case, with its own opinion thereon.—
(a)
if it arises in a State, to High Court for that State;
(b) if it arises in the Union territory of Delhi, to the High Court of Delhi;
[(c) if it arises in the Union territory of Arunachal Pradesh or Mizoram, to the
aay High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur or
ripura);
_
(d) if
terises in the Union territory of the Andaman and Nicobar Islands, to the
High Court at Caiculta;
(c) iit arises in the Union territory of "(the Lakshadweep] to the High Court of
Kerala,
1. fubs. by GSR 7 (E) PLIL S. co ql, Cated 2-1-1074,
2. Now renamad ee "Lakshadweor" by Act 35 of 1973 (w.o.f. 1.11.1973) | Section 59: Procedure in disposing of case stated
59. Procedure in disposing of case stated.—(1) The High Court upon the
hearing of any such case, shall decide the questions raised thereby and shall deliver
its judgment thereon containing the grounds on which such decision is founded.
(2) The Court shall send to the Revenue-authority by which the case was
stated, a copy of such judgment under the seal of the Court and the signature of the
Registrar; and the Revenue-Authority shall, on receiving such copy dispose of the
case conformably to such judgment.
Source: India Code