Office
Note: - -2025
It is submitted that the document
dated ______, styled as an “Agreement” between Sri "X" and Sri "Y" records a financial obligation of
₹21,00,000/- secured by issuance of two cheques. The recitals create an
enforceable liability and therefore the document falls within the definition of
“Bond” under Section 2(5)(b) and is chargeable under Article 13 of
Schedule I-A.
Since the document is executed on
plain paper without any stamp, the duty and penalty are computed as follows:
- Value Secured under Document: ₹21,00,000/-
- Rate of Duty under Article 13:
- Where the amount does not
exceed ₹1,000 → ₹3 for every ₹100 or part thereof.
- Where it exceeds ₹1,000 → ₹30
for the first ₹1,000 + ₹15 for every ₹500 or part thereof in excess of
₹1,000.
- Duty on first ₹1,000 = ₹30
- Balance amount = ₹21,00,000 – ₹1,000 =
₹20,99,000
- Number of units of ₹500 in
₹20,99,000
=
20,99,000/500=4198 units
Duty
@ ₹15 per ₹500 unit =
4198×15=₹62,970
- Total Proper Duty
= Duty on first ₹1,000 (₹30) + Duty on balance (₹62,970) = ₹63,000/-
Deficit
and Penalty
- Duty actually paid: Nil (document executed on
plain paper).
- Deficit Duty: ₹63,000/-
- Penalty under Section 35: Up to 10 times the deficit
duty = ₹63,000 × 10 = ₹6,30,00/-
- Total stamp duty and penalty to
be collected= ₹6,93,000/-
Therefore
permission may be accorded to collect the above amount.
S.F.O
Office Note:8-12-2014
It is submitted that, the Contractor
and the Project Engineer, Atmakur have entered into an agreement
dated:26-03-1999 for laying pipe line under Kondadoddi lift irrigation scheme
at Makthal mandal of Mahabubnagar District filed in O.S.No.57/2010 on the file
of Prl.District Court, Mahabubnagar. The agreement was entered into on
acceptance of tender. The said document is an agreement within the meaning of
Art. 6 of Sch. I-A of the Indian Stamp Act and it is ought to have executed on
a stamp of Rs.100/- U/Art. 6(A)(iv) as the value of the contract is exceeding
Rs.50,000/-. The agreement executed on an unstamped paper, hence the document
is chargeable with the stamp duty and penalty as under.
1. Required Stamp duty U/Art. 6(A)(iv) -- Rs.200/-
2. Duty paid if any (Document Nil
executed on unstamped paper)
3. Ten time penalty --Rs.2000/-
Stamp duty and penalty payable --Rs.2200/-
It
may be ordered directing the holder of the document to remit the duty and penalty
of Rs.2200/-.
S.F.O
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