Stamp act 1899 pdf

All instruments chargeable with duty and executed by any person in india shall be stamped before or at the time of execution. Every instrument chargeable with duty executed only out of india may be stamped with 3 months after it has been first received in India. Incase of Insurance policy the person effecting the insurance.

Incase of Fire Insurance the person issuing the policy. Incase of a conveyance by the grantee. Incase of a lease by the lessee Incase of a counterpart of a lease by the lessor. Incase of an instrument of exchange by the parties in equal shares. Incase of a certificate of sale By the purchaser of the property to which such certificate relates.

Incase of an instrument of partition By the parties in equal ratio of their shares. In case of instrument of partition by order of any court by the parties in the ratio given by the court. Collector may refuse to proceed upon any application until the true copies of the documents have been attached. Evidence furnished for adjudication of stamp duty cannot be used against any person in any court of law, except in an enquiry to the stamp duty.

Adjudication fee of minimum 50paise and maximum Rs. The collector cannot compel the party for realization of stamp duty. Instruments which are not duly stamped cannot be admitted as evidence for any purpose. If any instrument appears to be not duly stamped, any officer who is empowered by law to receive evidence, has the power to impound the same. Where any receipt chargeable is tendered to, or produced before, any officer unstamped in the course of the audit of any public account; such officer may in his discretion, instead of impounding the instrument; require a duly stamped receipt to be substituted therefore.

If the collector is of the opinion that instrument impounded is chargeable with duty and is not duly stamped, he is empowered to ask the payment of the proper duty or the amount required to make up the same along with penalty. If any Collector, feels doubt as to the amount of duty with which any instrument is chargeable, he may refer it, with his own opinion thereon, for the decision of the Chief Controlling Revenue-authority.

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. Statement of case by Chief Controlling Revenue-authority to High Court : The Chief Controlling Revenue-authority may refer any case which is referred to it or otherwise coming to its notice, with its own opinion thereon, to the High Court if it arises in the state. Every such case shall be decided by not less than three Judges of the High Court to which it is referred, and in case of difference the opinion of the majority shall prevail.

Powers of High Court to call for further particulars as to case stated and disposing the case : If the High Court is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the Court may refer the case back to the Revenue-authority by which it was stated, to make such additions thereto or alterations therein as the Court may direct in that behalf. 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.

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 Revenueauthority shall, on receiving such copy, dispose of the case conformably to such judgment. Open navigation menu. Close suggestions Search Search. User Settings.

Skip carousel. Carousel Previous. Carousel Next. What is Scribd? Explore Ebooks. Bestsellers Editors' Picks All Ebooks. Explore Audiobooks. Bestsellers Editors' Picks All audiobooks. Explore Magazines. Editors' Picks All magazines. Explore Podcasts All podcasts. Difficulty Beginner Intermediate Advanced. Explore Documents.

Indian Stamp Act, Uploaded by Cliffton Kinny. Did you find this document useful? Is this content inappropriate? Report this Document. Flag for inappropriate content. Download now. Related titles. Carousel Previous Carousel Next. Covering Letter to Shri. Jump to Page. Search inside document. Conveyance : Conveyance includes a conveyance on sale and every instrument by which property, whether moveable or immoveable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule I 5[or by Schedule I-A, as the case may be;] Chargeable : Chargeable means Chargeable under the Act inforce at the date of execution of the instrument.

Time of Stamping Instruments 1 2 3 All instruments chargeable with duty and executed by any person in india shall be stamped before or at the time of execution. Instruments Not Duly Stamped y y Instruments which are not duly stamped cannot be admitted as evidence for any purpose. Praveen Jain. Pooja Marilyn Thomas. Scribd Government Docs.

Miko Tabanda. Digital Genesis. Adarsh Srivastava. Surbhi Sharma. Adv Anwar Hossain. Victor Lawrence Magbujos Babida. Harsh Gautam. Phoebe Hidalgo. Iffahs Rehtam. Umang Modi. Seven rupees. Eight rupees. Nine rupees. Ten rupees. DELIVERY ORDER IN RESPECT OF GOODS, [ excluding delivery order in respect of settlement of transactions in securities in stock exchange ] that is to say, any instrument entitling any person therein named, or his assigns, or the holder thereof to the delivery of any goods lying in any dock or port, or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed by or on behalf of the owner of such goods, upon the sale or transfer of the property therein, when such goods exceed in value twenty rupees.

LEASE , including an under-lease or sub-lease and any agreement to let or sub-let -. If drawn singly. If drawn in duplicate for each part. General Exemption. PROXY empowering any person to vote at any one election of the members of a district or local board or of a body of municipal commissioners, or at any one meeting of a members of an incorporated company or other body corporate whose stock or funds is or are divided into shares and transferable, b a local authority, or, c proprietors, members or contributors to the funds of any institution.

RECEIPT [as defined by section 2 23 ] for any money or other property the amount or value of which exceeds [five thousand rupees]. RELEASE , that is to say, any instrument [ not being such a release as is provided for by section A ] whereby a person renounces a claim upon another person or against any specified property-.

Explanation 2. WARRANT FOR GOODS , that is to say, any instrument evidencing the title of any person therein named, or his assigns, or the holder thereof, to the property in any goods lying in or upon any dock, warehouse or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such goods may be. Conveyance [as defined by Section-2 10 ], not being a Transfer, charged or exempted under No. Five percent of the market value of the property for such conveyance made in favour of women and six percent for others.

Conveyance [as defined by section-2 10 ], not being a Transfer, charged or exempted under No. Two percent of the market value of the property for such conveyance made in favour of women solely or jointly with others and three percent for others.

Enactments Repealed. Fifty Rupees 2. Exemptions Agreement or memorandum of agreement - a for or relating to the sale of goods or merchandise exclusively, not being a Note or Memorandum chargeable under No. Half the duty payable on a Bill of Exchange [No. Exemption Instrument of pawn or pledge of goods if unattested. Fifteen rupees. Five rupees Exemptions a Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law.

Exemptions Instrument of apprenticeship executed by a Magistrate under the Apprentice Act, 19 of , or by which a person is apprenticed by or at the charge of any public charity.

Twenty-five rupees. Exemptions Article of any Association not framed for profit and registered under section 26 of the Indian Companies Act, 6 of Two hundred any fifty rupees. AWARD , that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made other wise than by an order of the Court in the course of a suit - a where the amount or value of the property to which the award relates as set forth in such award, does not exceed Rs.

Act III of , Section Description of Instrument Proper Stamp-duty Exemptions a Bill of lading when the goods therein described are received at a place within the limits of any port as defined under the Indian Ports Act, 10 of , and are to be delivered at another place within the limits of the same port. Ditto 50 ditto ; Eight annas. Ditto ditto ; One rupee.

Ditto ditto ; One rupee eight annas. Ditto ditto ; Two rupees. Ditto ditto ; Two rupees eight annas. Ditto ditto ; Three rupees. Ditto ditto ; Three rupees eight annas.

Ditto ditto ; Four rupees. Ditto ditto ; Four rupees eight annas. Ditto ditto 1,; Five rupees. Exemptions Bond, when executed by- a headmen nominated under rules framed in accordance with the Bengal Irrigation Act, Beng. Act III of , section 99, for the due performance of their duties under that Act; b any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem.

The same duty as a Bond No. The same duty as a Conveyance No. Ditto ditto ; Five rupees. Ditto ditto ; Six rupees. Ditto ditto ; Seven rupees. Ditto ditto ; Eight rupees. Ditto ditto ; Nine rupees. Ditto ditto 1,; Ten rupees.

Exemption [ a ] Assignment of copyright by entry made under the Indian Copyright Act, , section 5. Ninety per cent. COPY OR EXTRACT certified to be a true copy or extract, by or by order of any public officer and not chargeable under the law for the time being in force relating to Court-fees- i if the original was not chargeable with duty or if the duty with which it was chargeable does not exceed one rupee; Eight annas.

Exemptions a Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose. Exemption Counter part of any lease granted to a cultivator, when such lease is exempted from duty.

One anna. Two hundred and fifty rupees. Exemption Entry of an advocate, vakil or attorney on the roll of any High Court when he has previously been enrolled in a High Court. The same duty as a Security-Bond No. LEASE , including an under-lease or sub-lease and any agreement to let or sub-let - a whereby such lease the rent is fixed and no premium is paid or delivered - i where the lease purports to be for a term of less than one year; The same duty as a Bond No.

The same duty as a Conveyance No for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been payable on such lease if no fine or premium or advance had been paid or delivered: Provided that, in any case when an agreement to lease is stamped with the ad valorem stamp required for a lease, and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed eight annas.

Exemptions a Lease, executed in the case of a cultivator and for the purposes of cultivation including a lease of trees for the production of food or drink without the payment or delivery of any fine or premium, when a definite term is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees.

Forty rupees. Exemption Memorandum of any association not formed for profit and registered under section 26 of the Indian Companies Act, 6 of Exemptions 1 Instruments, executed by persons taking advances under the Land Improvement Loans Act, 19 of , or the Agriculturists' Loans Act, 12 of , or by their sureties as security for the repayment of such advances. MORTGAGE OF A CROP , including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, whether the crop is or is not in existence at the time of the mortgage- a when the loan is repayable not more than three months from the date of the instrument - for every sum secured not exceeding Rs.

Subject to a maximum of ten rupees, one anna for every Rs. One-half of duty payable in respect of the original policy in addition to the amount, if any, chargeable under No. Exemption When issued to a passenger travelling by the intermediate or the third class in any railway; [Ten paise] : b in any other case-for the maximum amount which may become payable in the case of any single accident or sickness where such amount does not exceed Rs.

One-quarter of the duty payable in respect of the original insurance but not less than [five paise or more than [fifty paise] : [Provided that if the total amount of duty payable is not a multiple of [five paise] , the total amount shall be rounded off to the next higher multiple of [five paise].

General Exemption Letter of cover or engagement to issue a policy of insurance: Provided that, unless such letter of engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable there under, nor shall it be available for any purpose, except, to compel the delivery of the policy therein mentioned.

One rupee for each person authorised. One-fifth of the duty as applicable to Bill of Exchange No. RELEASE , that is to say, any instrument [ not being such a release as is provided for by section A ] whereby a person renounces a claim upon another person or against any specified property- a if the amount or value of the claim does not exceed Rs. Exemptions Bond or other instrument, when executed- a by headmen nominated under rules framed in accordance with the Bengal Irrigation Act, Beng.

Act 3 of , section 99, for the due performance of their duties under that Act; b by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem; c under No.

Act 5 of ; d executed by persons taking advances under the Land Improvement Loans Act, 19 of , or the Agriculturists' Loans Act, 12 of , or by their sureties, as security for the repayment of such advances; e executed by officers of [the [Government]] or their sureties to secure the due execution of an office or the due accounting for money or other property received by virtue thereof.

Exemptions a Deed of dower executed on the occasion of a marriage between Muhammadans. Exemptions Share warrant when issued by a company in pursuance of the Indian Companies Act, 6 of , section 30, to have effect only upon payment, as composition for that duty, to the Collector of Stamp-revenue, of- a [one and a half] per centum of the whole subscribed capital of the company, or b if any company which has paid the said duty or composition in full, subsequently issues an addition to its subscribed capital- [one and a half] per centum of the additional capital so issued.

Exemption Surrender of lease, when such lease is exempted from duty. Explanation 1. Five rupees or such smaller amount as may be chargeable under clauses a to c of this article. Exemptions Transfers by endorsement- a of a bill of exchange, cheque or promissory note; b of a bill of lading, delivery order, warrant for goods, or other mercantile document of title to goods; c of a policy of insurance; d of securities of the Central Government.

See also section 8. Exemption Transfer of any lease exempt from duty. Four annas. Revolutionising Law Reporting! Install Now! Get it Now! Instant Activation! Mobile Username and password will be sent on this number :. Close Activate Trial Pack. Headlines with Full Text of Cases!

Searchable Back Volumes from ! Searchable Back Volumes! With Searchable Back Volumes from ! Bill of exchange means a bill of exchange as defined by the Negotiable Instruments Act, 26 of , and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money; 3 Bill of exchange payable on demand.

Bill of exchange payable on demand includes a an order for the payment of any sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen; b an order for the payment of any sum of money weekly, monthly or at any other stated period; and c a letter of credit, that is to say, any instrument by which one person authorises another to give credit to the person in whose favour it is drawn; 4 Bill of lading.

Bill of lading includes a through bill of lading, but does not include a mates receipt; 5 Bond. Bond includes [but does not include a debenture;] a any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be; b any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and c any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another; 6 Chargeable.

Collector a means, within the limits of the towns of Calcutta, Madras and Bombay, the Collector of Calcutta, Madras and Bombay, respectively and, without those limits, the Collector of a district, and b includes a Deputy Commissioner and any officer whom [the [State Government] ] may, by notification in the Official Gazette, appoint in this behalf; 10 Conveyance. India means the territory of India excluding the State of Jammu and Kashmir;] [ 14 "instrument" includes - a every document, by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded; b a document, electronic or otherwise, created for a transaction in a stock exchange or depository by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded; and c any other document mentioned in Schedule I, but does not include such instruments as may be specified by the Government, by notification in the Official Gazette ;] 15 Instrument of partition.

Of the liability of instruments to duty 3. For the purposes of this clause, the expressions Developer, Special Economic Zone and Unit shall have meanings respectively assigned to them in clause g , za and zc of section 2 of the Special Economic Zones Act, 28 of Policies of sea-insurance. Securities dealt in depository not liable to stamp-duty. For the purposes of this section, a the expressions corporatisation, demutualisation and scheme shall have the meanings respectively assigned to them in clauses aa , ab and ga of section 2 of the Securities Contracts Regulation Act, 42 of ; b Securities and Exchange Board of India means the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 15 of ] [8-C.

Notwithstanding anything contained in this Act or any other law for the time being in force,- a conversion of a branch of a bank into a wholly owned subsidiary of the bank or transfer of shareholding of a bank to a holding company of the bank in terms of the scheme or guidelines of the Reserve Bank of India shall not be liable to duty under t his Act or any other law for the time being in force; or b any instrument, including an instrument of, or relating to, transfer of any property, business, asset whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in connection with, the conversion of a branch of a bank into a wholly owned subsidiary of the bank or transfer of shareholding of a bank to a holding company of the bank in terms of the scheme or guidelines issued by the Reserve Bank of India in this behalf, shall not be liable to duty under this Act or any other law for the time being in force Explanation.

Of stamps and the mode of using them Of the time of stamping instruments Instruments other than bills and notes executed out of [India]. Of valuations for duty In the case of a sale of property subject to a mortgage or other incumbrance, any unpaid mortgage-money or money charged, together with the interest if any due on the same, shall be deemed to be part of the consideration for the sale: Provided that, where property, subject to a mortgage is transferred to the mortgagee, he shall be entitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect of the mortgage illustrations 1 A owes B Rs.

A sells a property to B , the consideration being Rs. Stamp duty is payable on Rs. B afterwards buys the house from A. Stamp where value of subject-matter is indeterminate. Duty by whom payable Collectors power to refund penalty paid under section 38, sub-section 1. Prosecution for offence against Stamp-law. If the Court does not include the amount in such order, no further proceedings for the recovery of the amount shall be maintainable Power to revenue-authority to refund penalty or excess duty in certain cases.

Non-liability for loss of instruments sent under section The certificate of the Collector under section 32 that the full duty with which an instrument is chargeable, has been paid is an impressed stamp within the meaning of this section A debenture shall be deemed to be renewed in the same terms within the meaning of this section notwithstanding the following changes: a the issue of two or more debentures in place of one original debenture, the total amount secured being the same; b the issue of one debenture in place of two or more original debentures, the total amount secured being the same; c the substitution of the name of the holder at the time of renewal for the name of the original holder; and d the alteration of the rate of interest or the dates of payment thereof Chapter VI Reference And Revision Control of, and statement of case to, Chief Controlling Revenue-authority.

Penalty for post-dating bills, and for other devices to defraud the revenue. Saving as to Court-fees. Affidavit or declaration in writing when made -. Two annas. Agreement or memorandum of agreement -. The same duty as a Bill of Exchange No. Instrument of pawn or pledge of goods if unattested. Instrument of apprenticeship executed by a Magistrate under the Apprentice Act, 19 of , or by which a person is apprenticed by or at the charge of any public charity.

Article of any Association not framed for profit and registered under section 26 of the Indian Companies Act, 6 of Bond, when executed by-. Act III of , section 99, for the due performance of their duties under that Act;. Counter part of any lease granted to a cultivator, when such lease is exempted from duty. Five hundred rupees.

Entry of an advocate, vakil or attorney on the roll of any High Court when he has previously been enrolled in a High Court. The same duty as a Conveyance No for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been payable on such lease if no fine or premium or advance had been paid or delivered:. Provided that, in any case when an agreement to lease is stamped with the ad valorem stamp required for a lease, and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed eight annas.

Memorandum of any association not formed for profit and registered under section 26 of the Indian Companies Act, 6 of