Section 24
—no stamp duty can be levied or demanded on the amount of
Section 24—no stamp duty can be levied or demanded on the amount of
on the price of a flat which is payable in instalments. Bihar State Section 24—no stamp duty can be levied or demanded on
interest payable on the price of a flat which is payable in instalments. Bihar State
Atma Ram Shah, 1997 (1) PLUR (SC) 130.] interest payable on the price of a flat which
Housing Board vs. Atma Ram Shah, 1997 (1) PLUR (SC) 130.]
etc.— Where an instr
se may be,
(a) Where the sum is payable for a definite period so that the total amount to
ch total amount: (a) Where the
be paid can be previously ascertained — such total amount:
(b) where the sum is payable in perpetuity or for an indefinite time not terminable
t or conveyance the total amount (b) where the sum is payable in perpetu
with any life in being at the date of such instrument or conveyance the total amount
such instrument or conveyance, will or may be with any life in being at the date of such instrument or
which according to the terms of such instrument or conveyance, will or may be
ty years calculated from the date Ae which the first which according to the terms of such instrum
payable during the period of twenty years calculated from the date Ae which the first
e; and payable
payment becomes due; and
(c) where the sum is payable for an indefinite time termi
F ermin ife
i s payable for an indefinite time termi ife i F erminable with any life i
instrument or conveyance — the maximum Seen whieh termi ife i
erminable with any life in F
being at the date of such instrument or conveyance — the maximum Seen whieh will or may be payable as aforesaid during the period *
c .
i of me * .
the date on which the first payment becomeatiie Iwelve years calculate? "
Stamp where value of subject-matter is indeterminate.—When the ave or value of the subject-matter of any instrument chargeable with ad valorem ? y cannot be, or (in the ave or value of the subject-matter of any instrument chargeable with ad valorem ? y cannot be, or (in the case of an instrument executed before the commenceme™
ae
Provided that, in the case of the lease of a mine in which royalty or a share of
of the rent, it shall be sufficient to have Provided that, in the case of the lease of a mine
the produce is received as the rent or part of the rent, it shall be sufficient to have
ch royalty or the value of such share, for the purpose of stamp-duly, — the produce is received as the rent or part of the rent, it shall be sufficient to hav
estimated such royalty or the value of such share, for the purpose of stamp-duly, —
as been granted by or on behalf of the Government at
rnment
(b) when the lease has been granted by any other person, at twenty thousand rupees a year,
ated such royalty or the
(a) when the lease has been granted by or on behalf of the Government at
ving regard to all the circumstances (a) when the lease has been granted by
such amount or value as the Collector may, having regard to all the circumstances
le by way of royalty or share to the such amount or value as the Collector may, having
of the case, have estimated as likely to be payable by way of royalty or share to the
or, of the
Government under the lease, or,
s a year,
and the whole amount of such royalty or share, whatever it may be, shall be
ch lease; : and the whole
claimable under such lease; t
:
ble
Provided also that, where proceedings have been taken in respect of an
shall be Provided al
instrument under section 31 or 41, the amount certified by the Collector shall be deemed to be the stamp actually used at the date of execution.
Facts affecting duty to be set forth in instrument.—The consideration
Comments & Case-law
[Section 27, 40, 47-A and 64—penalty imposed by the Collector for under— valuing the property under registration—assailed on the ground that already a penal
riminal valuing
provision u/s 64 is provided under the Act—Section 64 of the Act relates to criminal
tion— provisi
intention of a person who is producing document to the authority for its registration— even if the provisions of section 64 of the Act are made applicable, a person who undervalues a documents, cannot escape the provision of section 40(1)(b) and section 47-A of the Act—if a person wants to defraud the State Government by not giving proper valuation of the property then he may not be allowed to say that he is liable to pay a fine of Rs. 5000/- only and should be made scot free—sections 64. and 47A of the Aci are not mutually destructive but are supplemental to each other. (M/s Nasco Stee! Pvt. Ltd. vs. State of Bihar) 2004 (4) PLUR 470.]
Direction as to duty in case of certain conveyances.—Where any property has been contracted to be sold for one consideration for the whole, anc is conveyed to the purchaser in separate parts by different instruments, the consideration shall be apportioned in such manner as the parties think fit. '[Provided that a distinct consideration for or the market value of each separate part are set forth in the conveyance relating thereto and such conveyance shall be chargeable with ad valorem duly in respect of the distinct consideration conveyance relating thereto and such conveyance shall be chargeable with ad valorem duly in respect of the distinct consideration for or the market value of each such part whichever is higher].
Where property contracted to be purchased for one consideration for the
(3)Where a person, having contracted for the purchase of any property but not
Roop's Law Assist