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INDIAN STAMP ACT, 1899 (GUJARAT AMENDMENT)

INDIAN STAMP ACT, 1899 (GUJARAT AMENDMENT)

INDIAN STAMP ACT, 1899 (GUJARAT AMENDMENT)

Section 9 - Power to reduce, remit or compound duties

(1)     [1][[2][The [3][***]Government;] may, by rule or order published in the Official Gazette,-

(a)      reduce or remit, whether prospectively or retrospectively, in the whole or any part of [4][the territories under its administration], the duties with which any instruments or any particular class of instruments, or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, or by or in favour of any members of such class, are chargeable, and

(b)      provide for the composition or consolidation of duties [5][of policies of insurance and] in the case of issues by any incorporated company or other body corporate inserted by Act 23 of 2004, section 117 (w.e.f. 10.09.2004) [6][or of transfers (where there is a single transferee, whether incorporated or not)] of debentures, bonds or other marketable securities.]

(2)     [7][In this section the expression "the Government" means,-

(a)      in relation to stamp-duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credits, policies of insurance, transfer of shares, debentures, proxies and receipts, and in relation to any other stamp-duty chargeable under this Act and falling within entry 96 in List I in the [8][Seventh Schedule to the Constitution, except the subject matters referred to in clause (b) of sub-section (1).]

(b)      Save as aforesaid, the State Government.]

(c)      [9][Seventh Schedule to the Constitution, except the subject matters referred to in clause (b) of Sub-section (1), the Central Government;]

STATE AMENDMENTS

[GUJARAT

[10][After Section 9 The fallowing new section shall be inserted. namely:-:?

"9A. Power of state Government to consolidate duties in respect of receipts:-

The State Government may, by order published in the official Gazette. provide for consolidation of duties in respect of any receipts or class of receipts given by any person (including any Government), subject to such conditions as may be specified in the order.".]

 



[1] Section 9 re-numbered as sub-section (1) of that section by the A. O. 1950.

[2] Substituted by the A. O. 1937 for "The G. G. in C. "

[3] The word "collecting" omitted by the A. O. 1950.

[4] Substituted by the A. O. 1937 for "British India".

[5] Inserted vide Finance ( No.2) Act 2004

[6] Inserted by Act 32 of 1994 w. e. f. 13-5-1994.

[7] Inserted by the A.O. 1950.

[8] Substituted for the words "Seventh Schedule to the Constitution" by the Finance Act, 2006.

[9] Substituted by Act 21 of 2006.

[10] Inserted by Indian Ports (Gujarat Amendment) Act, 1963.

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INDIAN STAMP ACT, 1899 (GUJARAT AMENDMENT)

Section 9 - Power to reduce, remit or compound duties

(1)     [1][[2][The [3][***]Government;] may, by rule or order published in the Official Gazette,-

(a)      reduce or remit, whether prospectively or retrospectively, in the whole or any part of [4][the territories under its administration], the duties with which any instruments or any particular class of instruments, or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, or by or in favour of any members of such class, are chargeable, and

(b)      provide for the composition or consolidation of duties [5][of policies of insurance and] in the case of issues by any incorporated company or other body corporate inserted by Act 23 of 2004, section 117 (w.e.f. 10.09.2004) [6][or of transfers (where there is a single transferee, whether incorporated or not)] of debentures, bonds or other marketable securities.]

(2)     [7][In this section the expression "the Government" means,-

(a)      in relation to stamp-duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credits, policies of insurance, transfer of shares, debentures, proxies and receipts, and in relation to any other stamp-duty chargeable under this Act and falling within entry 96 in List I in the [8][Seventh Schedule to the Constitution, except the subject matters referred to in clause (b) of sub-section (1).]

(b)      Save as aforesaid, the State Government.]

(c)      [9][Seventh Schedule to the Constitution, except the subject matters referred to in clause (b) of Sub-section (1), the Central Government;]

STATE AMENDMENTS

[GUJARAT

[10][After Section 9 The fallowing new section shall be inserted. namely:-:?

"9A. Power of state Government to consolidate duties in respect of receipts:-

The State Government may, by order published in the official Gazette. provide for consolidation of duties in respect of any receipts or class of receipts given by any person (including any Government), subject to such conditions as may be specified in the order.".]

 



[1] Section 9 re-numbered as sub-section (1) of that section by the A. O. 1950.

[2] Substituted by the A. O. 1937 for "The G. G. in C. "

[3] The word "collecting" omitted by the A. O. 1950.

[4] Substituted by the A. O. 1937 for "British India".

[5] Inserted vide Finance ( No.2) Act 2004

[6] Inserted by Act 32 of 1994 w. e. f. 13-5-1994.

[7] Inserted by the A.O. 1950.

[8] Substituted for the words "Seventh Schedule to the Constitution" by the Finance Act, 2006.

[9] Substituted by Act 21 of 2006.

[10] Inserted by Indian Ports (Gujarat Amendment) Act, 1963.