commentary
Collector plays a key role in determining stamp duty. In case of doubt, such collector should refer to the Chief Controlling Authority. If in doubt, the concerned authority should be referred to the concerned High Court. This is the summary of sections 56 and 57.
Section 58 : Powers of High Court to call for additional information :
If the High Court is of the opinion that the information furnished in a case referred to it is incomplete, it may refer the case back to the concerned Revenue Authority and ask it to supply the additional information sought by it.
Section 59 : Trial and judgment in High Court:
(1) The High Court shall inquire into the case referred to it as mentioned in the above sections and pass judgment on the merits.
(2) After the Registrar signs the judgment passed by the High Court, a copy of the judgment shall be sent to the Revenue Authority concerned. The revenue authority should act according to that judgment.
Section 60: Seeking opinion of other Courts, High Court:
(1) Any Court, other than a Court referred to in section 57 (meaning the High Court), may have no discretion as to the court fee payable on a document under proviso (a) of section 35. In such cases, the Judge concerned may prepare a statement in respect of the case stating his opinion and send the record to the High Court concerned and seek the opinion of the High Court. Accordingly, the said Judge is also deemed to be the Chief Controlling Revenue Authority within the purview of Section 57.
(2) In such cases, the High Court shall consider, inquire into and pass judgment in the same manner as if the case had been referred to it under section 57. Copies of the judgment are to be sent to the controlling revenue authority and to the judge to whom the case is referred. The said judge will have to act according to that judgment.
(3) Any case referred to the High Court under sub-section (1) as a subordinate court below the District Court shall be referred by the District Court. Similarly, when any revenue subordinate court has to refer to the High Court as above, it has to be referred by a higher court.
Commentary
During the trial of a suit in a District Court or any other subordinate Court, stamp duty may be required to be assessed in respect of a document. In such cases, when there is any doubt as to the stamp duty to be levied on that document, the matter may be referred to the High Court directly by the District Court or by the District Court if it is a lower level court.
Section 61: Revision of decisions of Courts in respect of stamp duty:
(1) A civil court, or a revenue court, or a criminal court under chapter nine or ten of the Code of Criminal Procedure, may pass an order admitting a document in evidence (if it considers that the appropriate stamp duty is not payable on the document, or stamp duty on the document under section 35 and after payment of fine) on appeal from, or reference to, the said order, the appellate court, as the case may be, or the court referred to, either itself or on the application of the Collector, may consider the said order.
(2) In a case so considered, the document shall not be admitted in evidence without payment of penalty, and stamp duty under section 35, or in excess of which stamp duty or penalty has been paid.
Indian Stamp Act 1899
51
If the court thinks fit, it may issue an order to that effect (declaration) specifying the amount of stamp duty or penalty to be paid. Further, he may order the person in possession of the document to be delivered to him and keep it in his possession as soon as it is so delivered to him.
(3) As soon as the declaration under sub-section (2) is issued, the Court shall send a copy of the order to the Collector. In addition, the document entrusted to him or in his possession should also be sent to the Collector.
(4) Then the Collector may, notwithstanding the order of the Court issued in accepting the said document in evidence, or the certificate issued under sections 42 or 43, if the Collector considers that the person to whom the document relates has committed an offense punishable by contravening the provisions of the Stamp Act, he may take proceedings against him.
At the same time
(a) No prosecution action shall be taken against such person if he has paid the stamp duty and penalty prescribed by the Court in respect of the said document to the Collector. (However, he can be prosecuted if the Collector believes that the person has committed the offense with intent to evade payment of stamp duty due).
(b) a declaration made under this section shall have no effect (except in relation to prosecution proceedings) either on an order made admitting a document in evidence or on a certificate issued under section 22;
commentary
This section deals with one type of revision. In particular, the section provides for revision of an order passed by a court in respect of stamp duty. However, what is to be noted here is that the dispute is about stamp duty and not about the order passed by the court admitting a document in evidence. For example, a court may hold that no stamp duty is payable on a document and so order and admit the document in evidence. In such cases the decision of the court not to pay stamp duty can go for revision. Moreover, on that ground the document was admitted in evidence. (Jeverchand Vs. Pukhraj Sarma AIR 1961 SC 1655). 2 The provisions of Section 115 of the Civil Procedure Code are applicable to this section.
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Chapter - 7
Criminal Offenses - Trial
(CRIMINAL OFFENCES AND PROCEEDINGS)
Section 62 : Punishment for use of instrument on which stamp duty has not been duly paid:
(1) Whoever is a person—
(a) Stamp duty may not be duly paid on a bill of exchange or on a promissory note which is not drawn up to be payable immediately on demand. However, if a person writes, makes, issues, or endorses, or transfers, or (other than as a witness) signs, or presents for acceptance, or presents for payment, or accepts, payment of such bill or note, It is punishable to make, receive payment for, or negotiate in any other manner. (or)
(b) If stamp duty is not paid on a document liable to stamp duty, writing or signing (other than as a witness) the document, shall be a punishable offence. (or)
(c) voting under a proxy, or attempting to vote, on which sufficient stamp duty has not been paid, shall be a punishable offence.
A person guilty of the above offense shall be liable to a fine which may extend to five hundred rupees. However, if a penalty under section 35, 40, or 61 has been paid on that document, that amount shall be exempt from the penalty imposed on the person.
(2) A company may issue a share-warrant on which sufficient stamp duty has not been paid. In such cases, the company concerned, the managing director, or secretary, or chief officer of the company at the time of issuing the same shall also be liable to punishment. For doing so, they can be fined up to five hundred rupees.
Section 63 : Punishment for non-use of affixed stamps:
Pursuant to section 12, if stamps affixed are not canceled as prescribed in that section, fine up to one hundred rupees.
Section 64 : Penalty for failure to comply with provisions of Section 27 :
Any person may, with malicious intent to defraud the Government, commit any of the following acts:
(a) willfully or knowingly omits to state the facts required to be embodied in a document pursuant to section 27 (5);
(b) a person responsible for the production of a document. Being negligent in recording the particulars and facts related to that document, and consequently not recording the facts in that document, (or)
Indian Stamp Act 1899
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(c) commits any other act to the detriment of the Government in default of payment of stamp duty or fine payable under this Act.
A person guilty of the above offenses shall be fined up to five thousand rupees.
Section 64-A : Recovery of underpaid stamp duty :
(1) A person may be punished under section 64 in respect of payment of stamp duty under this Act. (Excluding documents covered by Entry 91 of the First List, Seventh Schedule to the Constitution). In such cases, in addition to the amount of fine imposed on the person, any stamp duty payable on the said document shall also be collected by the Magistrate and remitted to the Collector. Then, the Collector has to endorse on the document that stamp duty has been paid.
However, if the person has already paid some amount in respect of the said document, the Magistrate will have to collect only the amount due.
(2) The amount to be collected under sub-section (1) shall be deemed to be a fine imposed under the Code of Criminal Procedure and shall be collected in the same manner as a fine is collected.
Section 65 : Penalty for failure to issue receipt with intent to evade stamp duty :
Any person may commit any of the following acts:
(a) refusing to give, or being negligent in giving a receipt despite the obligation to give a receipt under section 30; (pot)
(b) giving a receipt for payment of less than twenty rupees or handing over property of a value of less than twenty rupees, or giving several receipts stating a lesser amount, with the intention of evading stamp duty and causing loss to the Government, despite the payment of an amount exceeding twenty rupees, or the surrender of property of the value of twenty rupees.
A fine up to one hundred rupees will be imposed for the above offences.
Commentary
For example, take 90 rupees and give a receipt for 15 rupees, or give nine receipts for 15 rupees.
Section 66: Penalty for non-payment of stamp duty on insurance policies:
Someone is a person
(a) Any premium or consideration received in respect of an insurance contract. Or may have got credit. However, stamp duty paid insurance policy may not be issued within one month from the date of receipt of such premium, consideration or credit in respect thereof. (or)
(b) may have issued an insurance policy where due stamp duty has not been paid. A person guilty of the above offenses shall be fined up to two hundred rupees.
Section 67 : Circumstances in which penalty may be imposed in respect of bills of exchange or marine insurance policies:
A person may write a bill of exchange which is not written to be payable on demand. Or a water travel insurance policy may have been issued. A particular bill or insurance policy may be in the form of two or more sets. However, stamp duty due as per law may not have been paid on all such sets. A fine of up to one thousand rupees will be imposed.
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Section 68 : Post-dated bills etc. with intent to cause loss to Government revenue
Giving:
Someone is a person -
(a) Any bill of exchange or promissory note, though actually dated at one date, may be post-dated with malicious intent to injure the revenue of the Government. (or)
(b) A bill or promissory note may have been canceled or transferred, even though it is known that it is post-dated. or presented for acceptance or payment. Or may have agreed. Payment may have been made. Or may have received money. Or maybe negotiated in some other way. (or)
(c) in the case of a contrivance or device not specifically specified in this Act or any other Act for the time being in force (contrivance or device) 2 2 A person guilty of any of the above offenses shall be liable to a fine which may extend to one thousand rupees.
Section 69 : Penalty for contravention of rules relating to sale of stamps :
(a) a person employed for the purpose of selling stamps may contravene the provisions made under section 74 (and)
(b) Stamps may be sold unauthorized by a person not appointed for the purpose of selling stamps. Or maybe trying to sell. (Excluding adhesive stamps of ten paise or five paise denominations). A person guilty of the above offenses shall be liable to imprisonment for a term which may extend to six months, or to fine which may extend to five hundred rupees, or to both.
Section 70: Power to take prosecution action:
(1) No prosecution shall be instituted against any person for any offense punishable under this Act without the prior permission of the Collector, or a person specially authorized by him, or an officer authorized by the State Government.
(2) The power to impose a 'stay' on prosecution proceedings taken under this Act shall be vested in the Beef Controlling Revenue Authority or an officer specially authorized by him. Similarly, the concerned officer has the power to compromise all cases, including cases filed in respect of underpayment of stamp duty, on condition of payment of three times additional stamp duty on reduced stamp duty and fine.
(3) Such compensation shall be levied in the manner mentioned in section 48.
Section 71 : Powers of Magistrates :
Only the Presidency Magistrate, or Magistrate of the first class, can try cases brought under this Act.
Section 72 : Scope of jurisdiction:
Any provisions contained in the Code of Criminal Procedure relating to the trial of offenses within a district or presidency town shall apply to the trial of offenses under this Act within the limits of a district or presidency town.
Commentary
There is a separate section in the Code of Criminal Procedure regarding the classification of criminal courts and the geographical jurisdiction of those courts. On the whole, it should be noted that all the offenses under this Act are very minor offences, and therefore the punishment is also less. Barring only one or two offences, the remaining offenses are subject to only minor fines.
Indian Stamp Act 1899
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Chapter-8
Collateral items
(SUPPLEMENTAL PROVISIONS)
Section 73 : All books, records etc. are public (no possibility of confidentiality) :
(1) Any registers, books, records, papers, documents, proceedings, etc., which may be kept in the possession of a public officer, or any person. The officer or person concerned shall permit a person authorized by the Collector to enter and search within a reasonable time the place where such documents etc. are kept. In that order, a person authorized by the Collector may take notes or copies of such documents without paying any fee. Or it can be seized if necessary (due receipt should be given).
However, in cases where the said documents, registers etc. are under the custody of a bank and are to be seized, a notice with a period of 30 days for reduced stamp duty shall be issued. (Feeling to take over only after that).
Explanation: For the purposes of the above proviso, 'bank' means a banking company as defined under section (5) of the Banking Regulation Act, 1949; State Bank of India organized under the State Bank of India Act 1955, Banks defined under the Banking Companies (Transfer of Acquisition and Undertakings) Act 1970, Regional Rural Bank, Industrial Development Bank, National Bank for Agriculture and Rural Development, Life Insurance Company of India, Industrial Finance Corporation of India, and any financial or banking institutions owned, managed or controlled by the State or Central Governments (as notified by the respective State or Central Governments).
(2) When required by the authorized officer appointed under sub-section (1), the person keeping the registers, documents, etc. referred to in that sub-section, shall produce before the said officer. He should be allowed to inspect them and take copies thereof at reasonable hours.
(3) In order to check as above, stamp duty on a document on which stamp duty is payable is sufficient.
The concerned officer may consider non-payment. In such cases the person concerned should be directed to pay the stamp duty still payable. However, if the stamp duty is not paid, the amount will be charged as revenue arrears.
Commentary
Andhra Pradesh Amendment of this section came into force w.e.f. 16-8-96. In order to curb stamp duty evasion, the Act gave full powers to the Collectors to conduct raids on various financial institutions and companies, including banks. The following judgment is helpful in understanding the scope of this Act.
District Registrar and Collector Hyderabad Vs. Canara Bank 2005(1) SCC 496 = AIR 2005 SC 186.
Section 74 : Issue of regulations relating to sale of stamps :
The State Governments may make rules regarding the following points.
(a) Supply and sale of stamps and stamp papers.
(b) Permitting persons to sell stamps and stamp papers (stamp sellers).
(c) Remuneration of stamp sellers, their duties. However, the above provisions do not control or affect the sale of adhesive stamps of ten nayapaisa and five nayapaisa denominations.
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commentary
Although this Act is a Central Government Act, the power to issue regulations on printing, supply of stamps, appointment of stamp vendors, sale of stamps etc. has been delegated to the State Governments.
Section 75: Making rules for the implementation of this Act:
The State Governments may make some general rules for the implementation of this Act. In that order, the State Governments may make rules for imposing a fine not exceeding five hundred rupees in case of violations of this Act.
Section 75-A : The State Legislature shall pass the rules of the State Government :
(1) Regulations issued by the State Government under this Act shall come into force from the date of their publication in the Official Gazette, except in cases where they are specified to come into force from a specified date.
(2) Every regulation made under this Act shall be introduced (at one session, or in two consecutive sessions) in both the Houses of Parliament within 14 days from the date of the making of the regulation. If both houses approve the provision, it will come into force as usual. If amended, shall take effect as amended. If rejected, will be cancelled. However, till then the measures taken under that provision shall remain valid.
Section 76 : Publication of Rules :
(1) Regulations issued under this Act shall be published in the Official Gazette.
(2) Being so published shall be deemed to be made under this Act.
(3) Every regulation made by a State Government under this Act shall be introduced in the Legislature of that State.
Section 76-A : Transfer of Powers:
The State Government, by notification in the Official Gazette
(a) the powers conferred under section 2(9), section 33(3) (b), section 70(1), section 74, section 78 may be transferred to the Chief Controlling Revenue Authority in whole or in part.
(b) all or some of the powers vested in the Chief Controlling Revenue Authority under section 45(1), (2), section 56(1), section 70(2) may be delegated to such other subordinate revenue authority as the Government may direct (and)
(c) The powers conferred under section (9) (1) (b) may be transferred to the Commissioner of Registration and Stamps and the Inspector General.
Section 77 : Effect on other laws :
This Act shall not affect the provisions of any other Act for the time being in force relating to court fees.
Section 77-A : Ancient Stamps:
An old stamp worth four annas is treated as a stamp worth twenty-five paise and is valid. The same principle applies to the value of old stamps worth more than four annas.
Section 78 : Adjustment in respect of retail paise :
In case of retail paisas above five paisas, retail paisas up to ten paisas will be adjusted to ten paisas.
Section 79 : Withdrawals :
Repealed by the Repeal and Amendment Act, 1914. (Repealed by the Repealing and amending Act, 1914, Act X of 1914, Section 3).
Indian Stamp Act 1899
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Schedules
Note : Certain forms of stamp duty are levied and collected by the Central Government under this Act. The stamp duty prescribed by the Central Government is applicable to all types of deeds and documents in Union Territories (including Union Territories). In addition, the central government also imposes stamp duty on some special types of documents for the whole of India. Such special type of documents and deeds as (1) bills of exchange or hundis, (2) bill of lading, (38) letter of credit (4) debentures, (5) promissory notes (6) receipts (7) deema policies (8) Shares, Debentures, (9) Proxies, Schedule-1 relating to stamp duty under Central Govt. Stamp duty is assessed and collected by the State Governments on the documents which are not under the purview of the Central Government. In that order each state has drawn up a separate table named Schedule - 1(a). Schedule-1(a) given in this book deals with stamp duty in the states of Andhra Pradesh and Telangana. But what should be noted here is that stamp duty on any document may be mentioned in Schedule-1. But the document may not be mentioned in the Schedule of a State, in such cases, within that State, the stamp duty in Schedule-1 will apply in respect of that document. In that order -1550 13, 14, 27, 37, 47, 49, 52, 53, 62(2) 1, 10, Telangana states will be applicable as is.
First let us know the details of stamp duty under Central Government.
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Schedule -1
Stamp duty levied and collected by the Central Government
(First proviso to section (3))
Article serial no
(1)
Document details
Stamp duty payable
Acknowledgment: Worth more than twenty rupees
Acknowledgment of arrears. In this regard, the borrower or another person on his behalf should sign. The signed document should be with the lender. (Acknowledgment should not contain any promise regarding payment of dues or interest).
Six paise
(2)
Administration Bond : Section of the Indian Succession Act
256, or under section 6 of the Government Savings Banks Act, or under section 78 of the Privatization and Administration Act, or under sections 9 or 10 of the Cessation Certificate Act, 1889, including the administration order -
(a) If the value of the bond does not exceed one thousand rupees
As mentioned in Article 15 (Bond) for the same amount
(b) in other cases—
Five rupees
(3) Adoption Deed: To record, confirm and authorize the adoption (except a will).
Ten rupees
(4) Affidavit : Affidavit instead of taking oath
Exemptions (without payment of stamp duty) for declaration in form, verification
Five rupees
(a) for enrollment under the Indian Army Act, or the Indian Air Force Act;
(b) an affidavit to be filed in court, or for use in court
(c) an affidavit directed to allow a person to draw any pension or charitable allowance;
(5) Agreement, or Memorandum of Agreement :
(a) In relation to sale of bill of exchange
(b) in relation to the sale of shares of a Government security, or of an incorporated company, or of any other corporate body;
12 paise
Aru Paisa (Maximum Rs. Ten) Fifty paisa for every security or share value of Rs.10,000
(c) Other cases
Schedule – 1
59
Article serial no
Document details
Stamp duty payable
(6)
Exemptions (not paying stamp duty)
(a) an agreement or memorandum of agreement relating to the sale of goods or merchandise only (other than a memorandum or note liable to stamp duty under Article 43);
(b) tender made to the Central Government in respect of any loan
Agreement regarding Deposit of Title Deeds, PAN, Pledge:
(1) Deposit documents of title to prove ownership rights in respect of any property other than marketable security, (or)
(2) In the case of an agreement in writing pawning or pledging certain chattels as security for the repayment of a sum borrowed or to be borrowed;
(a) in cases where the said debt or loan is payable immediately on demand, or after three months;
(as in clause (b) of Article 13), (from the date of writing of the agreement) in the same manner as payable on a bill of exchange;
(b) In cases where the said debt or loan is due before three months
Half of the stamp duty (clause (b) of Article 13) payable on the bill of exchange. (From the date of writing of the Agreement)
Exemption (without payment of stamp duty) : If document relating to Pawn or Pledge of goods is not attested.
2 (Appointment in execution of power): Appointment of trustees, or appointment of trustees for immovable property (other than testamentary).
Fifteen rupees
(7)
(8)
2 (appraisal or valuation) : (Except in cases of valuation following court orders in the course of trial of a suit).
(a) If the value does not exceed one thousand rupees
(b) In other cases
As payable under the bond (Article 15). Five rupees
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Article serial no
Document details
Stamp duty payable
(9)
Exemptions (without payment of stamp duty):
(a) Appraisal of value only at the will of a party. (Except in cases where valuation is done pursuant to an agreement between the parties concerned, or in consequence of law).
(b) Cases where the value of the crop is assessed for payment of rent or rent to the owner.
(apprenticeship deed):
Five rupees
A condition with an employer, including agreements to receive training or benefits in connection with a business or employment. (but excluding Articles of Clerkship within the scope of Article 11). Exceptions (without payment of stamp duty): An instrument of apprenticeship granted by a Magistrate under the Apprentices Act, 1850, or a document relating to an apprentice under any public charity.
(10) Exemption of articles of association of a company (from payment of stamp duty): Articles of a non-profit association registered under section 26 of the Companies Act, (see also memorandum of association under article 39).
Twenty five rupees
(11) Articles of Clerkship An agreement to act as a clerk before being appointed.
Two hundred and fifty rupees
(12) Award: A written decision of the arbitrator or umpire. (Suit should not have been referred following a court order as part of trial). But mere ordering of partition does not come under award. In that order
(a) if the amount or property in respect of the award does not exceed one thousand rupees
(as mentioned in the bond (Article 15) in respect of the said amount) five rupees
(b) In the case of remaining awards
Exemption (without payment of stamp duty) : Awards issued under section 81 of the Bombay District Municipal Act, 1873, or under section 18 of the Bombay Hereditary Offices Act, 1874.
Schedule – 1 61
Article serial no
Document details
Stamp duty payable
(13)
Bill of Exchange, Bank Note or Currency Note:
(defined under section (2) sub-section (2))
(a) Deleted.
(b) except where written to be payable immediately on demand:
(i) Payable within three months after date or sight
When the amount of the bill or note does not exceed five hundred rupees
30 paise
The amount in the bill or note is more than five hundred rupees and less than one thousand rupees
60 paise
After exceeding one thousand rupees, for every thousand rupees
60 paise.
(ii) After date or at sight, beyond three months and payable within six months
When the amount of the bill or note does not exceed five hundred rupees
60 paise
The amount in the bill or note is more than five hundred rupees and less than one thousand rupees
A rupee is 20 paise.
After exceeding one thousand rupees, for every thousand rupees
A rupee is 20 paise
(iii) after date or at sight, beyond six months and payable within nine months -
When the amount of the bill or note does not exceed five hundred rupees
90 paise
The amount in the bill or note is more than five hundred rupees
More than 1000 rupees
A rupee is 80 paise
After exceeding one thousand rupees, for every thousand rupees
A rupee is 80 paise
(iv) After date or at sight, beyond nine months, payable within one year.
When the amount of the bill or note does not exceed five hundred rupees
A rupee is 25 paise
The amount in the bill or note is more than five hundred rupees and less than one thousand rupees
Two rupees fifty paise
After exceeding one thousand rupees, for every thousand rupees
Two rupees fifty paise
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Article serial no
Document details
Stamp duty payable
(c) Payable after the date or at sight, after one year...
When the amount of the bill or note does not exceed five hundred rupees
The amount in the bill or note is more than five hundred rupees and less than one thousand rupees
After exceeding one thousand rupees, for every thousand rupees
Two rupees fifty paise
Five rupees
Five rupees
(14)
໖໖ (including a through bill of lading)
One rupee
Note: When a bill of lading is in several parts, stamp duty must be paid for each part (the proper stamp must be borne, by each one of the set)
Exemptions (not paying stamp duty)
(a) A bill of lading written in such a manner that the goods described in a bill of lading are received within the limits of any port as defined in the Indian Ports Act, 1889 and delivered at another place within the same port.
(b) Bill of Lading drawn abroad in respect of goods to be delivered in India.
(15) A bond as defined under section (2), sub-section (5) means:
(Debentures (Article 27), bond under the Court Fees Act, except a bond referred to elsewhere in this Act) :
When the amount or value of the bond does not exceed ten rupees
When the amount or value obtained by the bond exceeds ten rupees and does not exceed rupees 50
When the amount or value of the receipt exceeds 50 rupees and does not exceed 100 rupees
When the amount or value obtained by the bond exceeds 100 rupees and does not exceed 200 rupees
The amount, or value, of the bond is 200
Amount received by Bandhu when exceeding Rs.300 and not exceeding Rs.300, or Value exceeding Rs.300 and not exceeding Rs.400
When the amount or value obtained by the bond exceeds 400 rupees and does not exceed 500 rupees
12 paise
25 paise
50 paise
One rupee
One rupee is fifty paise
Two rupees
Two rupees fifty paise.
Schedule – 1 63
Article serial no
Document details
Stamp duty payable
When the amount or value received by Bandu is more than 500 rupees and does not exceed 600 rupees
Three rupees
When the amount or value received by Bandu exceeds Rs.600 and does not exceed Rs.700
Three rupees fifty paise
When the amount or value obtained by the bond exceeds 700 rupees and does not exceed 800 rupees
Four rupees
Amount received by Bandu, or value exceeding 800 rupees and not exceeding 900 rupees
Four rupees fifty paise
When the amount or value obtained by the bond exceeds 900 rupees and does not exceed 1000 rupees.
Five rupees
After exceeding one thousand rupees, for every five hundred rupees
Two rupees fifty paise
Exemptions (without payment of stamp duty):
(a) A bond executed by headmen nominated for the performance of duties under the Bengal Irrigation Act, 1876, in accordance with the rules framed under that Act.
(b) A bond executed by any person guaranteeing that the monthly income from donations from private individuals for the maintenance of a dispensary or dispensary maintained for the purpose of charity shall be less than the prescribed amount.
16) (
Bottomry bond A bond issued by the owner of a vessel plying on sea waters to secure a certain amount of money against the vessel.
Same as stamp duty paid on bond (Article 15) (on amount borrowed)
(17) Cancellation: Cancellation or withdrawal of an attested document (including cancellation of a document relating to the cancellation of a previous document).
Five rupees
Note: See also Release (Article 55), Revocation of Settlement (Article 58B), Surrender of Tenancy (Article 61), Revocation of Trust (Article-64B).
(18) Sale certificate: A sale certificate issued to the purchaser by the Civil, or Revenue Court, or the Collector, or any other officer, when the property is sold by public auction.
(a) When the purchase price does not exceed ten rupees
12 paise
(b) When the purchase price exceeds 10 rupees and does not exceed 25 rupees
25 paise
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Article serial no
Document details
Stamp duty payable
(c) in other cases
Same as stamp duty paid on conveyance deed (Article 23) (reimbursement of auction amount).
(19) Certificate of other document: 2 A certificate of shares, scrip or stock held by a person in a company, or any other body corporate. (See also Letter of Allotment of Shares in Article 36).
12 paise
(20) charter party: means an agreement for the hire of a water vehicle (vessel) or a major part of that vehicle for a specific purpose (other than an agreement for the hire of a tug steamer);
One rupee
(21) omitted.
(22) Composite Deed or Compositionrod : i.e. a document in writing by the debtor surrendering his property for the benefit of his creditors, or under a written deed or letters of license authorizing the debtor to carry on business under the supervision of inspectors. (For the benefit of creditors)
Ten rupees
(23) Conveyance deed by way of sale or other means: (as executed under sub-section (10) of section (2)) (except a chargeable or exempted transfer under Article 62).
Cases where the consideration reflected in the deed does not exceed 50 rupees
In cases where reward exceeds 50 rupees and does not exceed 100 rupees
Cases where reward exceeds one hundred rupees and not more than two hundred rupees
Cases where the reward exceeds two hundred rupees and does not exceed three hundred rupees
In cases where the reward exceeds three hundred rupees and not more than four hundred rupees
50 paise
One rupee
Two rupees
Three rupees
Four rupees
Schedule – 1
65
Article serial no
Document details
Stamp duty payable
Cases where the reward exceeds four hundred rupees and not more than five hundred rupees
Five rupees
Cases where reward exceeds five hundred rupees and not exceeding six hundred rupees
Six rupees
Cases where the reward exceeds six hundred rupees and not more than seven hundred rupees
Seven rupees
Cases where the reward exceeds seven hundred rupees and not more than eight hundred rupees
Eight rupees
The reward is more than eight hundred rupees, nine hundred
Nine rupees
Cases not exceeding Rs
In cases where the reward exceeds nine hundred rupees and does not exceed one thousand rupees
Ten rupees
After exceeding one thousand rupees, for every five hundred rupees
Five rupees
Exemptions (without payment of stamp duty):
(a) Cases where copyright is assigned by entry under section (5) of the Indian Copyright Act
(b) stamp duty may have been paid on a document covered by Article 23-A. Stamp duty paid on a document covered by Article 28-A shall be exempt when stamp duty is payable in order to complete a transaction in any of the Union Territories under this Article.
(23a
) Deed written in partial execution of contract : A deed relating to the transfer of immovable property in partial execution of a contract in any Union Territory (Section 53-2 (60) of the Transfer of Property Act).
Article 23. Stamp duties payable under (conveyance) 90 per cent.
(24)
To be certified as true copy by the Government Officer. (Except for court fees payable under any other statute for the time being in force relating to court fees) :
(1) Cases where the original document is a document on which no stamp duty is payable, or where the stamp duty payable on the original document does not exceed one rupee
50 paise
(ii) In other cases
One rupee
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Exemptions (without payment of stamp duty):
(a) Cases in which a copy of a document or paper is required by a Government officer to be sent by law to another Government office for reference;
(b) obtaining a copy or duplicate from the registers of births, deaths, cremations (including burials), baptisms, namings, dedications, marriages, marriages;
(25)
Counter part or duplicate: Any document which is a document on which stamp duty is payable and which is the counterpart or counter part of a document on which full stamp duty has been paid.
(a) Cases where the stamp duty payable on the original document is one rupee or less;
One rupee same as stamp duty paid on original document
(b) In other cases
Exemptions (without payment of stamp duty):
A counterpart to a lease given to a tenant. (However, lease agreement should be exempted from stamp duty).
(26)
Customs Bond:
(a) When the value of money does not exceed one thousand rupees
Bonds for that amount are payable under (Article 15) in the same manner
Five rupees
(b) In other cases
27) Debenture (whether mortgage debenture or not)
(
However, a marketable security debenture that is eligible for disposal is:
0.05 percent per annum on the face value of the debenture. But the maximum 0.25 percent. or up to twenty five lakhs (whichever is less).
(a) either by endorsement, or by special instrument of transfer
(b) by handover (delivery);
Explanation : 'Debenture' includes interest notes attached to a debenture. But the amount of those coupons should not be taken into account in assessment of stamp duty.
Exemption (without payment of stamp duty):
A company incorporated pursuant to the terms of a registered mortgage deed, or any other body corporate is a
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A debenture may be issued. Full stamp duty may have been paid on the amount of debentures issued under that mortgage. Consequently, the borrowing company, or body corporate, may hand over its assets wholly or partly to the trustees (for the benefit of the debenture holders). No stamp duty is payable on such debentures.
commentary
We know that in cases where a mortgage is created by depositing deeds, such mortgage register is not necessary, in the case of such mortgages, stamp duty is payable on the debentures concerned. For some understanding of this article, this 6. - Hindustan Lever Vs. State of Maharashtra, 2004 (9) SCC 438 - AIR 2004 SC 326.
(28)
Delivery order in respect of certain goods A written document authorizing a person to deliver certain goods, which may be stored (on rent or freight) in any port or warehouse. On the deed of delivery as above in cases where the goods are sold or disposed of (the value of the goods should exceed twenty rupees). The goods should be signed by the owner.
Six paise
(29) Divorce
One rupee
(30)
Registration as an Advocate- To be registered as an advocate, pleader or attorney in any High Court under the Indian Bar Council Act, 1926, or under the Letters Patent vested in the High Court, or under the Legal Practitioners Act:
(a) Advocate or Vakilga
Five hundred rupees
(b) As attorney
Two hundred and fifty rupees
Exemption (without payment of stamp duty):
A person who has previously been registered as an advocate or vakilu or an attorney in one High Court does not need to pay stamp duty again in cases where he is registered as an advocate, vakilu or attorney in any other High Court.
(31) 166 (exchange of property)
Sale etc. documents
(deed of conveyance)
A consideration equal to the value of the property, or the highest value specified in the relevant document
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(32) Further charge: means a written document creating a further charge on the mortgaged property:
(a) Cases in which first mortgage falls within clause (a) of Article 40 (i.e. possessory mortgage)
(b) Cases in which first mortgage falls within clause (b) of Article 40 (i.e. without possession) :
(i) stating in the document that the property has been acquired, or agreed to acquire the property, in the case of writing the document giving rise to additional charge.
(ii) If not acquired
On equivalent consideration of sale and other documents (deed of conveyance - article 23).
Conveyance deed - article 23 on consideration equal to the amount charged. It means stamp duty on the sum of the initial mortgage amount plus the additional charge amount minus the stamp duty paid on the initial mortgage, if any, on that amount.
Stamp duty on the additional charge amount as specified in the bond (Article-15).
(33) Gift: (other than settlement, (Article 58) or will, or transfer (Article 62))
A consideration equivalent to the value of the property in the gift deed is the same as payment on a conveyance deed (Article-23). In the same way that stamp duty is payable on a security bond (Article 57).
(34) ໖ (Indemnity bond):
(35) Under lease, sub-lease and agreement to let or sub-let:
(a) In cases of non-payment of premium, non-delivery even though lease or rent has been fixed
(i) In cases where the lease period is less than one year
In the same manner that stamp duty is payable under the bond (Article-15) on the amount payable or delivered under the said rent or lease.
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(ii) In cases where the period of lease is more than one year, subject to a maximum of less than three years
(iii) In cases where the tenure of the contract is more than three years.
(iv) Lease of indefinite duration (ie no time limit on the lease
(v) In cases where the lease purports to be in perpetuity
(b) when lease is granted under penalty, or under premium, or under money advanced (cases where no rent is reserved);
(c) when rent is granted under penalty, or under premium, or under money advanced (in addition to reserved rent);
Similarly, stamp duty is payable under the bond (Article-15) on the amount of average annual rent reserved.
In the same way that stamp duty is paid on conveyance deed (Article-23) on a consideration equal to the reserved annual average rent
In cases where the lease continues for a long period, stamp duty is payable on the conveyance deed (Article 23) on a consideration equal to the average annual rent payable or surrendered during the first ten years.
In the same manner that stamp duty is payable on a deed of conveyance (Article-23) in consideration of one-fifth of the average annual rent payable or delivered for the first term of 50 years,
In the same manner that stamp duty is payable on a conveyance deed (Article –23) on a consideration equal to the amount given as penalty, premium or advance specified in the lease deed.
In addition to the stamp duty paid on the conveyance deed on consideration equal to the fine, premium or advance specified in the lease deed, in cases where the fine, premium or advance is not paid or delivered, the stamp duty paid on the lease alone shall be paid.
However, paying the stamp duty payable on rent a
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