4. Several instruments used in single transaction of sale, mortgage or settlement.—
(1) Where, in
the case of any sale, mortgage or settlement, several instruments are employed for completing the
transaction, the principal instrument only shall be chargeable with the duty prescribed in Schedule I, for
14
the conveyance, mortgage or settlement, and each of the other instruments shall be chargeable with a duty
of one rupee instead of the duty (if any) prescribed for it in that Schedule.
(2) The parties may determine for themselves which of the instrument so employed shall, for the
purposes of sub-section
(1), be deemed to be the principal instrument:
Provided that the duty chargeable on the instrument so determined shall be the highest duty which
would be chargeable in respect of any of the said instruments employed.
1
[
(3) Notwithstanding anything contained in sub-sections
(1) and
(2), in the case of any issue, sale or
transfer of securities, the instrument on which stamp-duty is chargeable under section 9A shall be the
principal instrument for the purpose of this section and no stamp-duty shall be charged on any other
instruments relating to any such transaction.]
STATE AMENDMENT
Himachal Pradesh
Amendment of section 4.- In sub-section
(1) of section 4 of the said Act-
(a) for the word and figure “Schedule I” the word, figure and letter “Schedule I-A” shall be
substituted, and
(b) for the words “one rupee”, the words “two rupees” shall be substituted.
[Vide Himachal Pradesh Act 4 of 1953, s. 4]
Orissa
Amendment of section 4. -in section 4 of the Indian Act, 1899 (2 of 1899) (hereinafter referred to as
the principal Act) in sub-section
(1), for the words, “one rupee and eight annas” the words “ten rupees”
shall be substituted.
[Vide Orissa Act 1 of 2003, s. 2]
Manipur
Amendment of sections 4 and 6.-In sub-section
(1) of section 4 and in the proviso to section 6 of the
Indian Stamp Act, 1899 s application to the State of Manipur hereinafter referred to as the Principal Act
the words “two rupees” wherever they occur, the words “two rupees and paise fifty” shall be substituted.
[Vide Manipur Act 4 of 1989, s. 2]
Uttar Pradesh
Amendment of section 4.—In section 4 of the principal Act, for the existing sub-section
(1), the
following sub-section shall be substituted, namely :—
“
(1) Where, in the case of any sale, mortgage or settlement, several instruments are employed for
completing the transaction, the principal instrument only shall be chargeable with the duty prescribed
in Schedule 1-B for the conveyance, mortgage or settlement, and each of the other instruments shall
be chargeable with a duty of five rupees instead of the duty (if any) prescribed for it in that
Schedule.”
[Vide Uttar Pradesh Act 20 of 1974, s. 3]
