Stamp Duty Adjudication Process

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Questions and Answers

Who can bring an instrument to the Collector for adjudication of proper stamps?

  • Any legal professional
  • A representative from the Revenue Department
  • One of the parties to the instrument (correct)
  • Any member of the public

What is the fee for applying to the Collector for their opinion on the duty chargeable?

  • One thousand rupees
  • One hundred rupees (correct)
  • Fifty rupees
  • No fee is required

What can the Collector determine regarding the instrument?

  • The parties involved in the instrument
  • The duty chargeable or the relevant Article of Schedule I (correct)
  • Only the market value of the instrument
  • Only if the instrument has been previously stamped

What might the Collector require to be furnished to determine duty owed?

<p>A true copy or abstract of the instrument (C)</p> Signup and view all the answers

Besides a copy or abstract, what other evidence can the Collector request?

<p>An affidavit or other evidence (A)</p> Signup and view all the answers

What information must be fully and truly set forth for the Collector?

<p>All facts and circumstances affecting the instrument's chargeability with duty (B)</p> Signup and view all the answers

Until what condition is met can the collector refuse to proceed with the application?

<p>Until the applicant provides the requested true copy or abstract and evidence (B)</p> Signup and view all the answers

Under which schedule is the Article of the instrument chargeable determined?

<p>Schedule I (B)</p> Signup and view all the answers

What is the initial requirement for having the Collector determine the duty for an instrument?

<p>An application must be made by one of the instrument's parties. (B)</p> Signup and view all the answers

In addition to determining the duty, what else does the Collector provide an opinion on?

<p>Which Article of Schedule I the instrument is chargeable under (D)</p> Signup and view all the answers

Why is it important to provide all facts and circumstances affecting the chargeability of the instrument?

<p>To allow the Collector to accurately determine the duty owed (D)</p> Signup and view all the answers

What specific amount must be paid to have the collector determine duty?

<p>100 Rupees (D)</p> Signup and view all the answers

What are the key components a collector may require?

<p>A true abstract copy and evidence (D)</p> Signup and view all the answers

When can an instrument be brought to the collector?

<p>Whether executed or not (D)</p> Signup and view all the answers

Flashcards

Adjudication of Stamps

When a party brings an instrument to the Collector to determine the applicable duty or Schedule I Article, after paying a fee.

Collector's power to request info

The Collector can request a true copy or abstract of the instrument and affidavits to ascertain all facts affecting the instrument's chargeability.

Study Notes

  • This section pertains to the adjudication process for determining the correct stamp duties on instruments.
  • When a party to an instrument (executed or not, previously stamped or not) approaches the Collector.
  • They can request the Collector's opinion on the applicable duty or Schedule 1 Article.
  • A fee of one hundred rupees is required for this service.
  • The Collector then determines the chargeable duty or relevant Schedule I Article.
  • The Collector has the authority to request a true copy or abstract of the instrument.
  • They can also request affidavits or other evidence to verify the facts influencing the instrument's chargeability or duty amount.
  • The Collector can deny the application if the requested copy, abstract, or evidence is not provided.

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