Indian Stamp Act, 1899 is one of the oldest enactments. It levies tax
on instruments not on transactions. Section 29 of the Act names the persons
by whom stamp duty is payable. Provisions of this Section are applicable only
if there is no agreement to the contrary. That means if there is a specific provision
asking one of the parties to pay stamp
duty in the instrument, then Section 29 has no applicability.
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Type of instrument
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Stamp duty
payable by
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Policy of fire- insurance
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:
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The person issuing the policy.
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Policy of insurance other than fire insurance
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:
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The person, who effecting the insurance.
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Lease or agreement to lease
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The lessee or intended lessee.
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Conveyance
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The grantee.
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Section 2(10) defines “conveyance” as conveyance includes a conveyance on sale and
every instrument by which property, whether movable or immovable, is
transferred inter vivos and which is not otherwise
specifically provided for by Schedule I of the Act.
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Counterpart of a lease
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The lessor
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An instrument of exchange
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:
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The parties in equal share.
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A certificate of sale
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The purchaser
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Instrument of partition
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The parties thereto in proportion to their shares.
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Transfer of shares, debentures, marketable securities, indemnity
bond, transfer of debentures,
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:
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The person, who drawing, making or executing such instrument.
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Case study:
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An agreement by a Company to execute a trust deed, to be prepared by the
solicitors at the expense of the Company, implies an agreement that the Company
would pay the stamp duty
Dobson&Barlow v. Bengal Spinning and Weaving Co.
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Section 21 of the Indian Stamp Act, 1899 provides for valuation of shares,
other marketable securities etc.
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