Section 60

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 60: Statement of cases by other Courts to High Court 60. Statement of cases by other Courts to High Court.—(1) If any Court other than a Court mentioned in section 57, feels doubt as to the amount of duty to ve paid in respect of any instrument under proviso (a) to section 35, the Judge may draw up a statement of the case and refer it, with his own opinion thereon, for the decision of the High Court to which, if he were the Chief Controlling Revenue-Authority, he would, under section 57, refer the same. (2) Such Court shall deal with the case as if it had been referred under section 57, and send a copy of its judgment under the seal of the Court and the signature of the Registrar to the Chief Controlling Revenue-Authority and another like copy to the Judge making the reference, who shall, on receiving such copy, dispose of the case conformably to such judgment. (3) References made under-sub-section (1), when made by a Court subordinate to a District Court, shall be made through the District Court, and, when made by any subordinate Revenue Court, shall be made through the Court immediately superior. Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government may make rules for regulating— (a) the supply and sale of stamps and stamped papers, (b) the persons by whom alone such sale is to be conducted, and (c) the duties and remuneration of such persons: Provided that such rules shall not restrict the sale of ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 60: Shipping order, for or relating to the 60. Shipping order, for or relating to the Six paise conveyance of goods on board of any vessel. (62. Transfer (whether with or without consideration)- (a) of shares in an incorporated company or '[Twenty-five paise for every other body corporate; hundred rupees or part thereof of the value of the share: Provided that rates of stamp duty specified in column (2) on Bills of Exchange for items (b) and (c) in Article 13 and on promissory note for item (b) of Article 49 shall not apply to us :nce bills of exchange or promissory notes drawn or made for securing finance from Reserve Bank of India, Industrial Finance Corporation of India, (Industrial Development Bank of India,*[ Small Industries Development Bank of India.] State Financial Corporations, Commercial Banks and Co-operative Banks for (a) bona fide commercial or trade transactions, (b) seasonal agricultural operations or the marketing of crops, or (c) production or marketing activities of cottage and small scale industries and such instruments shall bear the rate of stamp duty at one-fifth of the rate mentioned against items (b) and (c) in Article 13 and item (b) in Article 49 of Schedule | of the Indian Stamp Act, 1899 (2 of 1899). Explanation 1.—For the purposes of the proviso— (a) the expression "agricultural operations" includes animal husbandry and allied activities jointly undertaken with agricultural operations, (b) "crops" include products of agricultural operations: (c) the expression "marketing of crops" includes the processing of crops prior lo marketing by agricullural producers or any organization of such producers Explanation 2.—The duty chargeable shall, wherever necessary, be rounded off to the next five paise. o 1. Subs. by S.O, 130 (E) dated 28.1.2004 (w.o.f. 1.9.2004) 2. Ins. by S.O. 1145 (E) datod 18.10.2004 (w.o.f. 13,2004) Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government may make rules for regulating— (a) the supply and sale of stamps and stamped papers, (b) the persons by whom alone such sale is to be conducted, and (c) the duties and remuneration of such persons: Provided that such rules shall not restrict the sale of ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 60: Shipping order, for or relating to the 122] [ Schedule 14 SCHEDULE- 1A]' Stamp Duty on Instruments (See section 3, First proviso) No. Description of Instrument a, Proper Stamp-Duty Acknowledgement, of a debt exceeding Rs. 100/- in amount or value written or signed by, or on behalf of, a debtor in order to supply evidence of such debt in any book (other than a banker's pass-book) or, on a separate piece of paper when such book or paper is left in the creditor's possession; provided that such acknowledgement does not contain any promise to pay the debt or any stipulation to pay interest, or to deliver any other goods or other properly. (a) When it does not exceed Rs. 100- (b) When it exceeds Rs. 100/- but does not exceed Rs. 1000/- (c) When it exceeds Rs. 1000/- but does not exceed Rs. 1,00,000/- (d) When _ it 1,00,000/- Administration Bond, including a Bond given under Sections 29, 375 and 376 of the Indian Succession Act, 1925 (xxxix of 1925) or Section 6 of the Government Saving Banks Act, 1873 (v of 1873) (a) Where the amount does not exceed Rs. 1000. (b) In other case exceeds Rs. Adoption deed, that is lo say any instrument (other than will) recording (a) Nil (b) Re. 1/- (One Rupee) (c) Rs. 25/- (Twenty five) (d) Rs. 100/-(One hundred) (a) Rs. 100 (One hundrea) (b) The duty payable under cl. (a) for the first Rs. 1000, and in addition, the same duty as a Bond (No. 15) for the portion in excess of Rs. 1000. Rs, 2000/- (Two thousand) 1, Subs. by BiharAct of 2002. schedule 1A ] Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government may make rules for regulating— (a) the supply and sale of stamps and stamped papers, (b) the persons by whom alone such sale is to be conducted, and (c) the duties and remuneration of such persons: Provided that such rules shall not restrict the sale of ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 60: Shipping order, for or relating to the Indian Stamp Act, 1899 [123 —_eo Chapter VIII: SUPPLEMENTAL PROVISIONS 73. Books, etc. to be open to inspection.— Every public officer having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorised 'in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as they may deem necessary, without fee or charge. 74. Power to make rules relating to sale of stamps.—The State Government may make rules for regulating— (a) the supply and sale of stamps and stamped papers, (b) the persons by whom alone such sale is to be conducted, and (c) the duties and remuneration of such persons: Provided that such rules shall not restrict the sale of ten naye paise or five naye paise adhesive stamps. {S.O. 1367 dated the 11th October, 1982— In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 and Section 74 of the Indian Stamp Act, 1899 (Act no. 2 of 1899). the Governor of Bihar is ploased to make rules that the duties of Stamp vendors and duties of Katibs (Deed writers) must not be performed by the same individual, 2. In view of the cleanliness of the Administration and for checking forgery and defaications it is highly desirable that the duties of a stamp vendor and that of deed writer should not be performed by the same person or individual, 3. This notification will come in force at once. [There is another notification also | Section 60: Shipping order, for or relating to the an adoption or conferring or purporting to confer an authority to adopt. Affidavit, including an affirmation or declaration in the case of person by law allowed to affirm or declare instead of swearing. Exemptions: - Affidavit or declaration in writing when made- (a) As a condition for enrolment under the Indian Army Act, 19114 or the Indian Air Force Act. 1932. (b) Omitted by Act 2 of 1958 (c) Forthe sole purpose of enabling any person to receive any pension or charitable allowance. Agreement or memorandum of an 4[Rs. 100/-(One hundred) Agreement — (a) If relating to the sale of a bill of (a) Rs. 10/- for every 10,000 or part exchange. thereof (b) If relating to construction of a house or building including a multiunit house or building or unit of apartment/flat/portion of a multistoried building or for development/sale of any other immovable property. (c) If not otherwise provided for Exempltions:- (a) Agreement or Memorandum of agreement, which is, omitted by Act 2 of 1958. (b) Made in the form of tenders to the Central Government for, or relating to any loan, (b) Two Rupees for every one hundred rupees or part thereof '(on the market value of the land/land with building as the case may be], provided that the duty paid at the time of such agreement or Memorandum of an Agreement may be set off against the duty to be paid at the time of the sale of such immovable property to the said party. 7("Explanation—For subsequent agreements, relating to construction of a house or building including a multiunit house or building or unit of apartment' flat/portion of a multistoried building or for development/sale of any other immovable property, the stamp duty, if not paid earlier, on such agreements relating to construction of a house or building including a multistoried building or for development/sale of any other immovable property shall be chargeable at the rate as prescribed above in clause (b) subject to a maximum of Rs. 10,000/- (Rupees Ten Thousand)." 4{ Rs. 1000/-(One thousand) —_(C) Made under the European