Judgment Search Results Home > Cases Phrase: the indian stamp assam amendment act 1955 Court: chennai Page 1 of about 621 results (0.247 seconds)

S. Manjunathan, Vs. the Joint Registrar,

Court : Chennai

Reported in : 2007(1)CTC552; (2006)4MLJ1538

..... viewed from another angle, if the document in question had been presented for registration, after the coming into force of the amendment of the year 1998, the respondents would have charged the same to duty under article 55-c of schedule-i to the indian stamp act, which deals with releases between co-owners. ..... in its application to the state of tamilnadu, the indian stamp act, 1899 was amended periodically by the state and rates of duty charged on instruments of conveyance and instruments of release, kept changing from time to time. ..... by a subsequent amendment, namely the indian stamp (tamilnadu amendment) act, 1998 (tamilnadu act no. ..... in 1981, the state legislature passed the indian stamp (tamilnadu amendment) act, 1981 (tamilnadu act no. ..... the respondents are directed to charge stamp duty on the document in question, treating it only as a deed of release chargeable to duty under article 55 of the schedule i of the indian stamp act, as it stood as on the date of the document. ..... under such circumstances, we are of the considered view that the document in question should be treated only as a deed of release chargeable to duty under article 55 of the schedule i of the indian stamp act, as it stood as on date of the document, namely 24.4.1987.28. ..... in other words, though the aforesaid full bench decisions relied on by the appellant were rendered in the years 1955, 1967 and 1970, the amendment of the year 1981 did not seek to cover the lost ground. .....

Park View Enterprises Vs. State Government of Tamil Nadu

Court : Chennai

Reported in : [1991]71CompCas723(Mad)

..... the next point relates to amendment of section 17(1) of the registration act, the amendment effected is as follows : 'section 17(1)(f) : instruments of agreement relating to construction of multi-unit house or building on land held by several persons as referred to in clause (i) under article 5 of schedule i to the indian stamp act, 1899 (central act ii of 1899). ..... state of kerala : [1961]3scr77 , wherein, on a complete analysis of the provisions of the travancore-cochin land tax act, 1955 it was found that inequality is writ large in the act and is inherent in the very provisions of the taxing section and that the act does not lay down any principle or policy for guidance in the exercise of discretion by the government in respect of the selection contemplated by section 7 and, therefore, it was held that failure to classify in a matter of such a nature offends article 14. ..... state of assam : [1964]5scr975 , holds (headnote) : 'it is, of course, true that the validity of tax laws can be questioned in the light of the provisions of articles 14, 19 and 301, if the said tax directly and immediately imposes a restriction on the freedom of trade; but the power conferred on the court to strike down a taxing statute, if it contravenes the provisions of articles 14, 19 or 301, has to be exercised with circumspection, bearing in mind that the power of the state to levy taxes for the purpose of governance and for carrying out its welfare activities is a necessary .....

The Chief Controlling Revenue Authority, Madras Vs. K.S. Dwarakanathan

Court : Chennai

Reported in : AIR1980Mad171

..... i of the indian stamp act explains conveyance and fixes the stamp duty on the amount or value of the consideration for such conveyance and prescribes a varied rate according to the value, this was substituted by tamil nadu act 14 of 1958 and further amended by tamil nadu act 24 of 1967. ..... according to the petitioner, the provisions of the indian stamp act enable the authorities to determine the -stamp duty payable on instruments and to opine, after considering the recitals in a given document, as to what would 'be the probable stamp duty that has to be charged, having regard to the nature of the transaction and the value of the subject matter of the involved transaction. ..... 1,624, under article 23 (3) of schedule i to the indian stamp act, the respondent would not seriously dispute that the document could be treated as a conveyance, but, according to him as the consideration paid under the document for the transfer was only rupees 10,000/-, the stamp duty, even it were to be treated as a sale deed was chargeable only on the actual consideration of rs. ..... i of the indian stamp act, there is no reference to the market value of the property which was the subject matter of the conveyance under the article. ..... 57 of the indian stamp act, ibm, arises under the following circumstances: the petitioner is the chief controlling revenue. .....

Taj Madurai Ltd. Vs. Inspector General of Registration, Chennai and Jo ...

Court : Chennai

Reported in : AIR2003Mad50

..... the difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty: provided that nothing in this subsection shall apply to any instrument registered before the date of commencement of the indian stamp (madras amendment) act ..... 47-a which has been incorporated in the indian stamp act by virtue of the aforesaid amendment is extracted here under :-47a ..... appearing for the state has submitted that action has been taken in accordance with section 47-a of the indian stamp act as amended by tamil nadu act 38 of 1987 ..... if the registering officer appointed under the indian registration act, 1908 (central act xvi of 1908) while registering any instrument of conveyance, exchange, gift, release of benami right or settlement, has reason to believe that the market value of the property which is the subject matter of conveyance, exchange, gift, release of benami right or settlement, has not been truly set forth in the instrument he may, after registering such instrument, refer the same to the collector for determination of the market value of such property and the proper ..... explanation :- for the purpose of this act, market value of any property shall be estimated to be the price which, in the opinion of the collector or the chief controlling revenue authority or the high court, as the case may be, such property, would have fetched or would fetch, if sold in the open market on the date of execution of the instrument of conveyance, exchange, gift, benami right or .....

Coimbatore District Real Estate Promoters' Association rep. by Its Pre ...

Court : Chennai

Reported in : (2003)2MLJ806

..... the indian stamp act, 1899 (has been engrafted in the statute book) is an act to consolidate and amend the law relating to stamps. ..... . entry 44 of list iii, concurrent list, of the viith schedule read with article 254 of the constitution empowers the state legislature to amend the indian stamp act, 1899 ..... 240a of the uttar pradesh stamp rules, 1942 and held that the circle rate fixed by the collector is not final but is only a prima facie determination of the rate of the area concerned only to give guidance to registering authority to test prima facie whether the instrument has properly described the value of the property or not and it merely enables the registering authority to exercise his powers conferred under section 47-a. in this respect, the supreme court held thus:'5.the object of the indian stamp act is to collect proper stamp duty on an ..... it is pointed out that there is no provision either in the indian stamp act or the rules made thereunder nor the rules contemplate any procedure or method or criteria to draw the guideline value nor there is any provision to increase the guideline value and extract stamp duty on the basis of guideline value without reference to the bona fide presumption which is entered between willing purchaser and willing buyer. .....

Venkitasubramania Ayyar Vs. Vadasseri Tarwad Karnavan and Manager Itfi ...

Court : Chennai

Reported in : (1956)1MLJ355

..... article 32 of the first schedule to the indian stamp act and article 27 of the madras amendment provide that on such documents the duty payable is the same as for a conveyance for a consideration equal to the amount due of the further charge secured by such instrument. ..... under section 2, clause (17), of the indian stamp act. ..... the observations of the learned judge at page 52, wherein he has extracted side by side section 61 of the transfer of property act before the amendment and as amended and the discussion regarding the scope of the amendment would show that after the amendment there is no such consolidation and the mortgagor cannot be compelled to redeem all the mortgages together.18. ..... we are of opinion that the plaintiffs must pay to the mortgagee the arrears of interest due to him in addition to the principal and that the court below has erred in holding the contrary.it has to be remembered that this decision was long before the amendment of section 61 of the transfer of property act which by implication is said to compel a mortgagor to redeem all the mortgages on one and the same property at the same time. ..... venkatarama ayyar (1955) 1 m.l.j. .....

O.S. Ramaswamy Vs. Personal Assistant (G) to the Collector of Madras S ...

Court : Chennai

Reported in : AIR2007Mad105; 2006(5)CTC541; (2007)1MLJ301

..... in the objection, the petitioner pointed out that the inventory required under section 317 of the indian succession act had already been made, and the six months period had expired and therefore the valuation of the property would not arise even under the proviso to section 59(5). ..... as rightly pointed out, the said action cannot be taken after the expiry of six months from the date of exhibition of the inventory as required by section 317 of the indian succession act, 1925. ..... it is clear that unless the court is satisfied that a fee not less than the one that is prescribed has been paid on the basis of the net value of the estate as furnished in the valuation accompanying the application, or in the amended valuation filed under section 59(3) of the act, the court shall not order probate or grant of letters of administration. ..... chapter vi of the tamil nadu court fees and suits valuation act,1955 deals with probates, letters of administration and certificates of administration. ..... it is contended that the collector is obliged to proceed under section 61(4) of the tncf & sv act, to collect the additional stamp duty, when probate or letters of administration has already been issued by the court. ..... however, the first respondent issued a notice under section 59(1) of the tamil nadu court fees and suits valuation act,1955, (in short 't.n.c.f. & s.v. .....

Deepti Ahuja Vs. The Chief Controlling Revenue Authority-cum- Inspecto ...

Court : Chennai

..... pursuant to such amendment, part iii of the third schedule to the sez act amendment to the indian stamp act, 1989 has been effected. ..... as regards the amendment brought to section 3 (3) of the indian stamp act, the learned additional advocate general would contend that such amendment was brought to serve the purpose of sez. ..... according to the learned senior counsel for the petitioner, amendment to section 3 of the indian stamp act was effected by section 57 of the sez act on 10.02.2006. ..... therefore, according to the learned additional advocate general, section 51 of the sez act has an overriding effect to the provisions of section 3 (3) of the indian stamp act and therefore, section 3 (3) of the indian stamp act cannot be pressed into service in this case. 10. ..... according to the petitioner, such lease deed executed in her favour by the fourth respondent is exempted from payment of stamp duty as per rule 11 (10) of the sez rules and section 3 of the indian stamp act and therefore, the petitioner need not pay any stamp duty on the instrument viz. ..... state of assam and others) air 1962 supreme court 386 to drive home the point that executive instructions, even if it is considered necessary to be issued with respect to a particular matter, cannot override the statutory provisions of law. .....

S.P. Padmavathi Vs. State of Tamil Nadu and Others

Court : Chennai

Reported in : AIR1997Mad296; 1997(2)CTC617

..... also contended that the indian stamp (madras amendment) act, 1967, did not shift the chargeable event from the instrument to the market value, that the respondents had no right to ask for the stamp duty on the market value and that the price mentioned in the document of conveyance should be taken to be the correct market value, unless the circumstances existed that there was a fraudulent evasion of stamp duty. ..... the difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty : provided that nothing in this sub-section shall apply to any instrument registered before the date of the commencement of the indian stamp (madras amendment) act ..... 47a(3) of the indian stamp act, as amended by the state of tamil nadu, the market value was determined ..... the amending act, in order to check evasion, requires, by the substitution complained against, market value to be mentioned in the instrument of conveyance, gift, or partition as the basis for measure of the extent of liability, or quantum of stamp duty with which such instrument is chargeable, and provides for determination of the true market value where it is suspected to be understated, with right of appeal to court by the ..... we are of the firm view that section 47a of the act came to be inserted by the tamil nadu amendment act 24 of 1967 with a view to check fraudulent evasion of stamp duty payable on the documents while registering any instrument of conveyance, exchange, gifts, release of benami right .....

The State of Tamil Nadu Vs. T.N. Chandrasekharan

Court : Chennai

Reported in : AIR1974Mad117

..... struck down the indian stamp (madras amendment) act. ..... he did so on the view that substitution of "consideration" by "market value" in the indian stamp act has converted stamp duty into a tax on property, and that it also ..... the amending act, in order to check evasion, requires, by the substitution complained against, market value to be mentioned in the instrument of conveyance, gift, or partition as the basis for measure of the extent of liability, or quantum of stamp duty with which such instrument is chargeable, and provides for determination of the true market value where it is suspected to be understated and right of appeal to court by an ..... even so, we are inclined to think that the object of the amending act being to avoid large scale evasion of stamp duty, it is not meant to be applied in a matter-of-fact fashion and in a ..... we are clearly of opinion that the amendment to that effect has not shifted the chargeable event from an instrument to market value, and the duty after the amending act is still on the instrument, and not on the market value any more than consideration ..... with him that stamp duty is a duty on an instrument as defined in the stamp act, and that this concept as to the character of the duty is in accordance with the british and indian legislative practice, and the scope of entry 44 in list iii of the seventh schedule to the constitution, to wit "stamp duty other than the duties or fees collected by means of judicial stamps, but not including rates of stamp duty. .....