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Section 27

Stamp wlzere 'D'llue of subject matter ts Where the amount or value of the subJect matter of any instrument chargeable with advalorem duty cannot be or could not hava been, ascertained at the date of its execution, or first execution, nothing shall be claimable under such instrument more than the highest amount or value for which, if stated in an instrument of the same description, the stamp actually used would; at the date of such execution have been sufficient:

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27. Stamp wlzere 'D'llue of subject matter ts Where the amount or value of the subJect matter of any instrument chargeable with advalorem duty cannot be or could not hava been, ascertained at the date of its execution, or first execution, nothing shall be claimable under such instrument more than the highest amount or value for which, if stated in an instrument of the same description, the stamp actually used would; at the date of such execution have been sufficient: Provided that, in the case of the lease of mine in which royalty or a share of the produce is received as the rent or the part of the rent it shall be sufficient to have estimated such royalty or the value of such share, for the purpose of stamp du!Y- (a) When the lease has been granted by or on behalf of the Government, at such amount or value as the Collector may hav ing regard to all the circumstances of the case, have estimated as likely to be payable by way of royal!ty or share to the Government under the lease, or (b) whetl the lease has been granted by any other person, at twenty thousand rupees a year; and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease: Provided also that, where proceedings have been taken in respect of any iustrJment under section 31 or 39 the amount certified by the Collector shall be deemed to be tht> stamp actually used at the date of execution Facts affecfit~g dttll! iJ b: sd joJth 1 n 1n slmmmt:-The consideration, if any, and all other facts and circumstance affecting the chargeability of any instrument with duty, or the amount of the duty with which it is chargeable, shall be fully and truly set forth therein. Di1 rclro11 to dull; 111 cnse of ccrlartz cotrveiJtzllces.-(1) Where any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts by difterent instruments, the consideration shall be apportioned in such manner as the parties think fit, provided that a distinct consideration for each separate part is set forth in the conveyance relating thereto and such conveyance shall be chargeable with ad valvrcm duty in respect of such distinct consideration. property contracted to be purchased for one consideration for the whole, by two or more persons JOintly, or by any person for himself and others, or wholly for others, is conveyed in parts by separate instruments to the persons by or for whom the same was purchased for distinct parts of the consideration, the conveyance of each separate part shall be chargeable with ad valorem duty in respect of the distinct part of the cons1deration therein specified. Where a person, havin,c; contracted for the purchase of any property but not raving obtained a conveyance thereof contracts to sell the same to any other person and the property is in consequence conveyed immediately to the sub-purchaser, the conveyance shdll be chargeable with ad valorem duty in respect of the considera1ion for the sale by the original purchaset to the sub-purchaser Where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the whole or any part thereof to any other person or persons and the prOi)erty is in consequertce conveyed .._ ....e by the original seller, to d1fterent persons in parts, the conveyance of each part sold to a sub-purchaser shall be chargeable with od z·olo1c1T· duty in respect only of the consideration paid by such sub-purchaser without regc1rd to the amount or value of the original consideration; and the conveyance of the residue, xf any, of such property to the original purchaser shall be vnth ad duty in respect only of the excess of the original consideration over the aggregate of the considerations paiJ by the sub-purchasers: Provided that the duty on last mentioned conveyance shall in no be les.,; than two rupees . . Where a sub-purchaser takes an actual conveyance of the interec;t of the person immediately selling to him, which is chargeable with ad valorem duty in respect of the consideration paid by him and is duly stamped accordingly, and conveyance to be afterwards made to him of the same property by the CJrigin,tl seller be chargeable with a duty equal to that which would be chargeable on a conveyance for the consideratwn obtained by original seller, or where such duty would exceed ten rupees, with a duty of ten rupees E. Duty by whom payable. /Ju'zcs b1J wlzol/l p IIJablc -ln the absence of an agreement to the contrary, the of providing the proper stamp shall be borne,- ( a) in the case of any in:-trument described in any of the following Articles of the Schedule, namely:- No 2 (Administration Bond), No.6 (Agreement relating to deposit of title deeds, pawn or pledge), No. 13 (Bond), Nu. J4 (Bottomry Bon d), No 24 (Customs Bond), No 29 (Further Charge), No. 3t (Indemnity Bond), No 36 (Mortgage deed), No. 47 (Release), No. 4B (Respondentia Bond), No. 49 (Security Bond or Mortgage deed), No 50 (Settlement), No. &4 (c). (Transfer of any interest secured by a bond or mortgage deed), by the person drawing, making or executing such insrrumenr; (b) In the case of a conveyance (including a reconveyance of mortgaged property) by the grantee; in the case of a lease or agreement to lease by the lessee or intended lessee; (c) in the case of a counterpart of lease by the lessor: (d) in the case of an instrument of exchange hy the parhes in equal shares; (e) in the case of a certificate of sale lty the purchaser of the property to which such certificate relates; and (f) in the case of an instruments of partition b,· the parties thereto in proportion to their respective shares in the whole property partltioned, or, when the partiTion is made in execut10n of an order passed by a Revenue authority or Civil Court or arbitrator, in such proportion as such authority, Court bidi or arbitrator directs. CHAPTER III ADJUDiCATION AS TO STAMPS AdJttdtcalwtz as tu p1oper ~lamp.-(1) When any instrument, whether executed or not and whether previously stamped or not is brought to the Collector, and the person bringing it applies to have the opinion of that officer as to the duty, if any, with which it is chargeable, and pays a fee of such amount (not exceeding ten rupees and not less than one rupee) as the Collectcr may in each case direct, the Collector shall determine the duty, if any, with which, in his JUdgment, the instrument For this purposes the Collector may require to be furmshed w1th an abstract of the instrument, and also with such affidavit c.r other evidence as he may deem necessary to prove that all the facts and circumstances aftecting the chargeab11lty of the instrument wlth duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein, and may resuse to proceed upon any such application, until such abstract and ev1dence have been furnished accordingly: Provided that- ---.-.J J (a) no evidence furnished in pursuance of this section shall be used against any pt!rson ir: any civil proceeding except in any enquiry as to the duty with which the instrument to which it relates is chargeable; and (b) every person by whom any such evidence is furnished shall, on l ayme'1t of the full duty with which the instrument to wh.ch it relate<>, is chcrgeable, be relieved from any penalty which he may have incurred under this Act by reason of the · · n ommission to state truly in such inc:;trument any of the facts cr circumstances aforesaid.