The Indian Stamp Act 1899: 2 of 1899 (Bare Act)/ Universal Law Publishing

Contributor(s): Universal Law PublishingMaterial type: TextTextPublication details: New Delhi: Universal Law Publishing, 2010Description: iv, 68 pSubject(s): Bare ActDDC classification: 340
Contents:
THE INDIAN STAMP ACT, 1899 •Amendment to the Indian Stamp Act, 1899 by the Warehousing (Development and Regulation) Act, 2007 (37 of 2007) Introduction Sections CHAPTER I PRELIMINARY 1. Short title, extent and commencement 2. Definitions - CHAPTER II STAMP-DUTIES A.— Of the liability of instruments to duty 3. Instruments chargeable with duty 3A. [Repealed] 4. Several instruments used in single transaction of sale, mortgage or settlement 5. Instruments relating to several distinct matters 6. Instruments coming within several descriptions in Schedule I 7. Policies of sea-insurance 8. Bonds, debentures or other securities issued on loans under Act 11 of 1879 8A. Securities dealt in depository not liable to stamp duty . 8B. Corporatisation and demutualisation schemes and related instruments not liable to duty 8C. Negotiable warehouse receipts not liable to stamp duty . 9. Power to reduce, remit or compound duties B. Of stamps and the mode of using them 10. Duties how to be paid 11. Use of adhesive stamps 12. Cancellation of adhesive stamps 13. Instruments stamped with impressed stamps how to be written 14. Only one instrument to be on same stamp 15. Instrument written contrary to section 13 or 14 deemed unstamped 16. Denoting duty C.—Of the time of stamping instruments 17. Instruments executed in India 18. Instruments other than bills and notes executed out of India 19. Bills and notes drawn out of India D.—Of valuations for duty 20. Conversion of anjpunt expressed in foreign currencies 21. Stock and marketable securiries how to be valued 22. Effect of statement of rate of exchange or average price . 23. Instruments reserving interest 23A. Certain instruments connected with mortgages of marketable securities to be chargeable as agreements IV How transfer in consideration of debt, or subject to future payment, etc., to be charged Valuation in case of annuity, etc. Stamp where value of subject-matter is indeterminate Facts affecting duty to be set forth in instrument Direction as to duty in case of certain conveyances^ £.— Duty by whom payable Duties by whom payable Obligation to give receipt in certain cases CHAPTER III ADJUDICATION AS TO STAMPS Adjudication as to proper stamp Certificate by Collector CHAPTER IV INSTRUMENTS NOT DULY STAMPED Examination and impounding of instruments Special provision as to unstamped receipts Instruments not duly stamped inadmissible in evidence, etc. Admission of instrument where not to be questioned Admission of improperly stamped instruments Instruments impounded, how dealt with Collector's power to refund penalty paid under section 38, sub-section (1) Collector's power to stamp instruments impounded Instruments unduly stamped by accident Endorsement of instruments in which duty has been paid under section 35, 40, or 41 Prosecution for offence against Stamp-law Persons paying duty or penalty may recover same in certain cases Power to Revenue authority to refund penalty or excess duty in certain cases Non-liability for loss of instruments sent under section 38 Power of payer to stamp bills and promissory notes received by him unstamped Recovery of duties and penalties CHAPTER V ALLOWANCES FOR STAMPS IN CERTAIN CASES Allowance for spoiled stamps Application for relief under section 49 when to be made Allowance in case of printed forms no longer required by Corpcjrations Allowance for misused stamps Allowance for spoiled or misused stamps how to be made Allowance for stamps not required for use Allowances for stamps in denominations of annas 54B. Allowances for Refugee Relief Stamps 55. Allowance on renewal of certain debentures CHAPTER VI REFERENCE AND REVISION 56. Control of, and statement of case to. Chief Controlling Revenue-Authority 57. Statement of case by Chief Controlling Revenue-Authority to High Court 58. Power of High Court to call for further particulars as to case stated 59. Procedure in disposing of case stated 60. Statement of case by other Courts to High Court 61. Revision, of certain decisions of Courts regarding the sufficiency of stamps CHAPTER Vlf CRIMINAL OFFENCES AND PROCEDURE 62. Penalty for executing, etc., instrument not duly stamped. 63. Penalty for failure to cancel adhesive stamp 64. Penalty for omission to comply with provisions of section 27 . 65. Penalty for refusal to give receipt, and for devices to evade duty on receipts 66. Penalty for not making out policy or making one not duly stamped 67. Penalty for not drawing full number of bills or marine policies purporting to be in sets 68. Penalty for post-dating bills, and for other devices to defraud the revenue 69. Penalty for breach of rule relating to sale of stamps and for unauthorizecf sale 70. Institution and conduct of prosecutions 71. Jurisdiction of Magistrates 72. Place of trial CHAPTER VIII SUPPLEMENTAL PROVISIONS 73. Books, etc., to be open to inspection 74. Powers to make rules relating to sale of stamps 75. Power to make rules generally to carry out Act 76. Publication of rules 76A. Delegation of certain powers 77. Saving as to court-fees 77A. Saving as to certain stamps 78. Act to be translated^ and sold cheaply 79. [Repealed] SCHEDULE I.—Stamp-duty on Instruments SCHEDULE IL—[Repealed]
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THE INDIAN STAMP ACT, 1899
•Amendment to the Indian Stamp Act, 1899 by the Warehousing (Development and Regulation) Act, 2007 (37 of 2007)
Introduction
Sections
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions - CHAPTER II
STAMP-DUTIES A.— Of the liability of instruments to duty 3. Instruments chargeable with duty 3A. [Repealed] 4. Several instruments used in single transaction of sale, mortgage or settlement 5. Instruments relating to several distinct matters 6. Instruments coming within several descriptions in Schedule I 7. Policies of sea-insurance 8. Bonds, debentures or other securities issued on loans under Act 11 of 1879 8A. Securities dealt in depository not liable to stamp duty . 8B. Corporatisation and demutualisation schemes and related instruments not liable to duty 8C. Negotiable warehouse receipts not liable to stamp duty . 9. Power to reduce, remit or compound duties B. Of stamps and the mode of using them 10. Duties how to be paid 11. Use of adhesive stamps 12. Cancellation of adhesive stamps 13. Instruments stamped with impressed stamps how to be written 14. Only one instrument to be on same stamp 15. Instrument written contrary to section 13 or 14 deemed unstamped 16. Denoting duty C.—Of the time of stamping instruments 17. Instruments executed in India 18. Instruments other than bills and notes executed out of India 19. Bills and notes drawn out of India D.—Of valuations for duty 20. Conversion of anjpunt expressed in foreign currencies 21. Stock and marketable securiries how to be valued 22. Effect of statement of rate of exchange or average price . 23. Instruments reserving interest 23A. Certain instruments connected with mortgages of marketable securities to be chargeable as agreements
IV

How transfer in consideration of debt, or subject to future payment, etc., to be charged Valuation in case of annuity, etc. Stamp where value of subject-matter is indeterminate Facts affecting duty to be set forth in instrument Direction as to duty in case of certain conveyances^ £.— Duty by whom payable Duties by whom payable Obligation to give receipt in certain cases
CHAPTER III
ADJUDICATION AS TO STAMPS Adjudication as to proper stamp Certificate by Collector
CHAPTER IV
INSTRUMENTS NOT DULY STAMPED Examination and impounding of instruments Special provision as to unstamped receipts Instruments not duly stamped inadmissible in evidence, etc. Admission of instrument where not to be questioned Admission of improperly stamped instruments Instruments impounded, how dealt with Collector's power to refund penalty paid under section 38, sub-section (1) Collector's power to stamp instruments impounded Instruments unduly stamped by accident Endorsement of instruments in which duty has been paid under section 35, 40, or 41 Prosecution for offence against Stamp-law Persons paying duty or penalty may recover same in
certain cases Power to Revenue authority to refund penalty or excess duty in certain cases Non-liability for loss of instruments sent under section 38 Power of payer to stamp bills and promissory notes received by him unstamped Recovery of duties and penalties
CHAPTER V ALLOWANCES FOR STAMPS IN CERTAIN CASES Allowance for spoiled stamps Application for relief under section 49 when to be made Allowance in case of printed forms no longer required by Corpcjrations Allowance for misused stamps Allowance for spoiled or misused stamps how to be made Allowance for stamps not required for use Allowances for stamps in denominations of annas
54B. Allowances for Refugee Relief Stamps
55. Allowance on renewal of certain debentures
CHAPTER VI
REFERENCE AND REVISION
56. Control of, and statement of case to. Chief Controlling Revenue-Authority 57. Statement of case by Chief Controlling Revenue-Authority to High Court 58. Power of High Court to call for further particulars as
to case stated 59. Procedure in disposing of case stated 60. Statement of case by other Courts to High Court 61. Revision, of certain decisions of Courts regarding the sufficiency of stamps
CHAPTER Vlf
CRIMINAL OFFENCES AND PROCEDURE 62. Penalty for executing, etc., instrument not duly stamped. 63. Penalty for failure to cancel adhesive stamp 64. Penalty for omission to comply with provisions of section 27 . 65. Penalty for refusal to give receipt, and for devices to evade duty on receipts 66. Penalty for not making out policy or making one not duly stamped 67. Penalty for not drawing full number of bills or marine policies purporting to be in sets 68. Penalty for post-dating bills, and for other devices to
defraud the revenue 69. Penalty for breach of rule relating to sale of stamps and for unauthorizecf sale 70. Institution and conduct of prosecutions 71. Jurisdiction of Magistrates
72. Place of trial
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
73. Books, etc., to be open to inspection 74. Powers to make rules relating to sale of stamps 75. Power to make rules generally to carry out Act
76. Publication of rules 76A. Delegation of certain powers 77. Saving as to court-fees 77A. Saving as to certain stamps 78. Act to be translated^ and sold cheaply 79. [Repealed] SCHEDULE I.—Stamp-duty on Instruments SCHEDULE IL—[Repealed]

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