Recovery of Duties and Penalties in Indian Stamp Act

Introduction

It is present in section 48 of lndian stamp act. All duties, penalties and other fees required to be paid under this Chapter may be obtained by the Collector through stress and sale of personal property to be paid to him, or by any other means in the process of repayment of land income debt.

State Amendment of Orissa

Amendment of Section 48-A is In terms of Section 48-A of the Constitution, the following sections will be amended,

-48-A. Notwithstanding anything contained in this Act, no certificate or warranty under this Act, in respect of any instrument payable in the Province of Orissa has the highest value of work under this Act, currently valid as amended from time to time by Orissa Acts shall be deemed to be evidence or otherwise. any legal action in respect of the payment of work for that instrument or in respect of the payment of that instrument for work unless the work is charged under the Orissa Act, paid for by that instrument.

Allowance of spoiled stamps

It is coming under section 49 of lndian partnership act. Such rules as may be made by the State Government as to the evidence to be required or, the enquiry to be made, the Collector may, on application made for a period set out in section 50, and if he or she is satisfied with the facts, permit the imprinted stamps on the cases mentioned below,

(a) Stamp on any paper which is improperly and unnecessarily damaged, erased or by mistake written or in any other way made improper for the intended purpose before any metal on it is used by any person

(b)Stamp of any document written in whole or in part, but not signed or created by any organization

(c)In the case of exchange loans paid otherwise there is a need or notes of promise -:

Stamp of any exchange bill signed by or on behalf of the city which has not been accepted or used in any way or issued for any purpose other than the acceptance tender process, provided that the Paper on which any stamp is stamped, does not have the signature intended for acceptance of any later bill in this exchange.

A stamp used or intended to be used any such exchange bill or a pledge note signed, or in the name of its holder, but arising from any contravention or error is corrupted or void, however, the bill of exchange may presented for acceptance or acceptance or acceptance, or, as a letter of promise, may be delivered to the payer: Provided that another exchange bill is duly completed and properly drafted or the promise note is reproduced in the same way on every item, except to correct such omissions or errors as referred to above, and a corrupt bill or note.
A stamp of any deed signed by the manufacturer or in his or her name which has not been used in any way or issued from his or her own hands.

(d) A stamp used for a tool used by any organization when

1)thereafter found to be invalid from the outset

2)he or she is subsequently found unfit, due to any error or omission there, for the purpose for which he or she was originally intended

3)on the basis of the death of any person to be executed, other than the same murder, or the refusal of any such person to perform the same act, may not be eliminated in order to achieve that purpose of transaction in the proposed form.

4)due to a lack of performance by a visible party, and his inability or refusal to sign the same, is in fact incomplete and inadequate for the purpose for which it was intended.

5) on the ground of any refusal of any person to do so, or to forfeit any money intended to be retained, or by refusing or not accepting any position provided for it, fails entirely to the intended purpose.

6) useless as a result of the intended purpose of performing another instrument between the same parties and holding a value stamp of not less.

7) is deficient in value and the work intended to be performed by another instrument between the same parties and holding a value stamp is not less

8) is improperly and indirectly damaged, and instead another tool made between the same parts and for the same purpose is used and properly sealed: Provided that, in the case of a released instrument, no legal action is instituted when the instrument is either given or given as evidence and that the instrument is given to be cancelled. Definition of collector Certificate under section 32 that the complete work for which the instrument is charged, is paid by a stamp embedded within the definition of this section.

Application for exemption under section 49.

Application for exemption under section 49 will be made at the following intervals, namely-:

(1) In the cases referred to in subsection (d) (5), within two months from the date of the instrument

(2) In the case of stamped paper in which no instrument has been executed by any party involved, within six months after the stamp was damaged

(3) In the case of stamped paper in which the instrument has been killed by any party to the matter, within six months after the date of the instrument, or, if not dated, within six months after the original or personal execution of the instrument, provided that-

(a) where the damaged equipment was due to sufficient reasons sent India, an application may be made within six months after receipt back to india

(b) in the event that, in unavoidable circumstances, any instrument modified by another instrument, may not be revoked within the period specified above, the application may be made within six months after the date of use of the modified instrument.

Conclusion

Stamp duty is a tax levied on the sale of property / property ownership by the state government. Payable under Section 3 of the India Stamp Act, 1899. The duration of the stamp duty at the time of registration will be based on the value of the house / building.

Reference

Click to access A1899-2.pdf

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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