INDIAN STAMP ACT, 1899 (TRIPURA AMENDMENT)

Section - 3A.

(1)     There shall be charged, levied and paid to the Government of Assam, Besides dues payable under any law for the time being in force including Section 3 of this Act, a surcharge, hereinafter referred o as Stamp Surcharge on the instrument mentioned in the following items of Schedule I to the principal Act, namely,--

Item Nos. 1-10, 12, 15-20, 22-26, 28, 29, 31-36, 38-46, 48, 50-51, 54-61 and 63-65 :

Provided that the surcharge shall not be payable in respect of instrument exempted by Section 3.

(2)     The rate of Stamp Surcharge shall be Twenty-five paise per instrument.

(3)     The Stamp Surcharge shall be payable as if it were a duty under Section 3 and the provisions of this Act including the Rules thereunder shall accordingly apply; and the authorities for the time being empowered to collect and enforce payment of Stamp duty shall, unless otherwise provided for by or under this Act, within their respective jurisdiction for purposes of stamp duty accordingly collect and enforce payment of stamp duty :

Provided that the Government of Assam may, for facilitating implementation, by notification in the official Gazette, direct that in any case or class of cases the provisions of this Act including the rules thereunder shall apply subject to such indications not inconsistent with the provisions of this Section and as may be specified in such notification.

(4)     Notwithstanding anything contained in sub-section (3), the Government of Assam may make Rules generally for securing the payment of the Stamp Surcharge and carrying into effect the provisions of sub-sections (1) and (2) in particular for ensuring the proper maintenance and rendering of accounts of the Stamp Surcharge."]

TRIPURA

[1][After Section 3 The following shall be substituted, namely:--

3B. "Instrument chargeable with additional duty:-

(1)     Every instrument chargeable with duty under section 3, read with Schedule 1, not being an instrument mentioned in articles Nos. 13, 14, 27, 37, 47, 49, 52, 53 or 62(a), shall, in addition to such duly, be chargeable with a duty of ten paise.

(2)     The additional duty with which any instrument is chargeable under sub-section (1) shall be paid and such payment shall be indicated on such instrument by means of adhesive stamps.".]

Section 47 - Power of payer to stamp bills and promissory notes received by him unstamped

When any bill of exchange [2][or promissory note] chargeable [3][with a duty not exceeding ten naye paise] is presented for payment unstamped, the person to whom it is so presented may affix thereto the necessary adhesive stamp, and, upon cancelling the same in manner hereinbefore provided, may pay the sum payable upon such bill [4][or note], and may charge the duty against the person who ought to have paid the same, or deduct it from the sum payable as aforesaid, and such bill [5][or note], shall, so far as respects the duty, be deemed good and valid :

Provided that nothing herein contained shall relieve any person from any penalty or proceeding to which he may be liable in relation to such bill [6][or note].

[STATE AMENDMENTS

[TRIPURA

[7][After Section 47 The following new section shall be inserted namely:--

"47A" Instruments of conveyance etc. undervalued, how to be dealt with :--

(1)     If the Registering Officer appointed under the Indian Registration, Act; 1908 (Central Act XVI of 1908), while, registering any instrument of conveyance, exchange, gift or partition, has reason to believe that the value of the property which is the subject matter of the instrument, as has been set forth therein is lower than the market value thereof and proper duty has not been paid he may, after registering such, instrument, refer the same to the Collector for determination of the market value of such property and the proper duty payable thereon.

 

(2)     On receipt of a reference under Sub-Section (1) the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the market value of such property and, the proper duty payable thereon and then return the instrument to the Registering Officer after making an endorsement over his signature thereon indicating the market value of the property so determined and the deficient amount of duty, if any, that shall be payable by the person liable to pay the duty.

 

(3)     The Collector may, within a period of two years from the date of registration of any instrument of conveyance, exchange, gift or partition, not already sent to him under sub-section (I), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject matter of such instrument and the duty paid thereon' and if after such examination; he has reasons to believe that the market value of such property, has not been truly set forth in the instrument and the proper duly has not been paid, he may determine the market value thereof and the proper duty payable thereon in accordance with the provision of sub-section (2). The difference; if any between the duty determined by the Collector and the duty already paid shall be payable by the person liable to pay the duty on the instrument;

Provided that nothing in this sub-section shall apply to any instrument registered before the date of the commencement of the Indian Stamp (Tripura Third Amendment) Act, 1984.

(4)     Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may appeal to the appellate authority specified in sub-section (5). All such appeals shall be preferred within such time, and shall be heard and disposed of in such manner, as may be prescribed by rules made under this Act.

 

(5)     The State Government shall, by a Notification in the Official Gazette, appoint a person not below the rank of a Secretary of any Department to be the appellate authority referred to in sub-section (4).

 

(6)     The amount of deficient duty, if any, shall be paid by deposit into Government Treasury by the person, liable to pay the duty, within a period of thirty days from the date of Notice in this behalf from the Registering Officer and in case of default in payment, such amount shall be recovered as arrears of land revenue.

EXPLANATION : For the purpose of this section the market value of any property shall be estimated to be the price which in the opinion of the Collector or the appellate authority, as the case may be, such property would have fetched, if sold in the open market on the date of execution of the instrument of conveyance, exchange gift or portion.]