40. Collectors power to stamp instruments impounded.—
(1) When the Collector impounds any
instrument under section 33, or receives any instrument sent to him under section 38, sub-section
(2), not
being an instrument chargeable 4[with a duty not exceeding ten naye paise] only or a bill of exchange or
promissory note, he shall adopt the following procedure:—
(a) if he is of opinion that such instrument is duly stamped, or is not chargeable with duty, he
shall certify by endorsement thereon that it is duly stamped, or that it is not so chargeable, as the case
may be;
(b) if he is of opinion that such instrument is chargeable with duty and is not duly stamped, he
shall require the payment of the proper duty or the amount required to make up the same, together
with a penalty of five rupees; or, if he thinks fit, 5[an amount not exceeding] ten times the amount of
the proper duty or of the deficient portion thereof, whether such amount exceeds or falls short of five
rupees:
Provided that, when such instrument has been impounded only because it has been written in
contravention of section 13 or section 14, the Collector may, if he thinks fit, remit the whole penalty
prescribed by this section.
1. Subs. by the A.O. 1937, for “the G.G. in C.”.
2. Subs. by the A. O. 1950, for “collecting Government”.
3. The words “upon application made to him in this behalf or, if no application is made, with the consent of the chief Controlling
Revenue-authority” omitted by Act 4 of 1914, s. 2 and the Schedule Pt I.
4. Subs. by Act 19 of 1958, s. 6, for “with a duty of one anna or half an anna” (w.e.f. 1-10-1958).
5. Ins. by Act 15 of 1904, s. 6.
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(2) Every certificate under clause
(a) of sub-section
(1) shall, for the purposes of this Act, be
conclusive evidence of the matters stated therein.
(3) Where an instrument has been sent to the Collector under section 38, sub-section
(2), the Collector
shall, when he has dealt with it as provided by this section, return it to the impounding officer.
STATE AMENDMENT
Uttarakhand
Amendment of section 40.—After sub-section
(1), the following sub-sections shall be inserted,
namely:-
"(1-A) The Collector shall also require, alongwith the amount of deficit Stamp Duty of penalty
required to be paid under clause
(b) of sub-section
(1), the payment of a simple interest at the rate of one
and half percent per mensem on the amount of deficit stamp duty calculated from the date of the
execution of the instrument till the date of actual payment;
Provided that the amount of interest under this sub-section shall be recalculated if the amount of
deficit stamp duty is varied on appeal or revision or by any order of a competent court or authority.
(1-B) The amount of interest payable under sub-section (1-A) shall be added to the amount due and
be also deemed for all purposes to part of the amount required to be paid.
(1-C) Where realization of the deficit stamp duty reminded stayed by any order of any court or
authority and such order of stay is subsequently vacated, the interest referred to in sub-section (1-A) shall
be payable also for any period during which such order of stay remain in operation.
(1-D) Any amount paid or deposited by, or removed, or refundable to a person under the provisions
of this Act, shall first be adjusted towards the deficit stamp duty or penalty outstanding against him and
the excess, if any, shall then be adjusted towards the interest, in any, due from him."
[Vide Uttarakhand Act 1 of 2016, s. 6]
Uttar Pradesh
Amendment-of section 40.— In section 40 of the principal Act in sub-section
(1), —
(a) for clause
(b) the following clause shall be substituted, namely :—
"
(b) if he is of opinion that such instrument is chargeable with duty and is not duty stamped, he
shall require the payment of the proper duty or the amount required to make up the deficiency
together with a penalty of an amount not exceeding ten times the amount of the proper duty or of the
deficient portion thereof ; "
(b) after the existing proviso the following proviso shall be inserted, namely :--
"Provided further that no penalty shall be levied unless the party concerned has been given a
reasonable opportunity of being heard."
[Vide Uttarakhand Act 22 of 1998, s. 5]
Amendment of section 40.— in section 40 of the principal Act, after sub-section
(1), the following
subsections shall be inserted, namely:—
"(1-A) The Collector shall also require, along with the amount of deficit stamp duty or penalty
required to be paid under clause
(b) of sub-section
(1), the payment of a simple interest at the rate of
one and half per cent per mensem on the amount of deficit stamp duty calculated from the date of the
execution of the instrument till the date of actual payment:
Provided that the amount of interest under this sub-section shall be recalculated if the amount of
deficit stamp duty is varied on appeal or revision or by any order of a competent court or authority.
(1-B) The amount of interest payable under sub-section ( I-A) shall be added to the amount due
and be also deemed for all purposes to be part of the amount required to be paid.
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(1 -C) Where realization of the deficit stamp duty remained stayed by any order of any Court or
authority and such order of stay is subsequently vacated, the interest referred to in sub-section (1-A)
shall be payable also for any period, during which such order of stay remained in operation.
(1-D) Any amount paid or deposited by, or recovered from, or refundable to a person under the
provisions of this Act, shall first be adjusted towards the deficit stamp duty or penalty outstanding
against him and the excess, if any, shall then be adjusted towards the interest, if any, due from him."
[Vide Uttar Pradesh Act 38 of 2001, s. 5]
