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Stamp and Its Types

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    .

    The Constitution of India has provided provisions for levying taxes. Tax is levied in the form of stamps on

    nstruments recording the transactions. This form of taxation has been found to be convenient for collection and

    upervision. The stamp Act is Fiscal statue dealing with tax on transactions. Article 246 and the 7th schedule

    re relevant in regard to the legislative power to levy stamp duties. Article 265,268 and 269(e) are relevantmainly as regards the distribution of revenue. The proceeds of stamp duty levyable in any financial year shall

    e assigned to the state. Under Article 246 such stamp duties as are mentioned in a list are levied by the Union,

    ut under Article 268 the state in which they are levied collects and retains the proceeds. As the revenue from

    tamp duty is assigned to the state in which they are collected each State Government has prescribed by rule

    hat stamps purchased in the state alone should be used for instruments executed in it.

    Tax is levied in the form of stamp in respect of transactions in instruments like Bi ll of exchange, letter of

    redit, Debenture, policy of insurance, Agreement or memorandum of Agreement, lease cum sale, sale of

    roperty, deposit of deeds, conveyance etc as defined in schedule 2 of Stamp Act. As provided in the Stamp

    ct all duties with which any instruments are chargeable shall be paid and such payment shall be indicated on

    uch instrument by means of impressed stamps or stamps issued by the Government An instrument to be duly

    tamped should be stamped with a stamp not only of the amount required by law but also in the manner

    rescribed by law.

    The stamp duty payable on an instrument may also be paid in cash by Challan in banking treasury or

    reasury countersigned by an officer empowered by a State Government or by Demand draft or by pay order

    rawn on branch of any scheduled bank.

    The instruments may be stamped with Adhesive stamp. There shall be two kinds of stamp for indicating

    he payment of duty.

    1) Impressed stamps

    2)Adhesive stamps

    Impressed stamps includes

    a) Labels affixed and impressed by the proper officer

    b) Stamps embossed or engraved on stamped paper

    c) Impressions by franking machines.

    Special adhesive Stamps are labels.

    ll Stamps shall be purchased only from any of the State Treasuries / Sub Treasuries / from a person / localodies who has been granted a licence under the Karnataka Stamps Rules, 1958. Franking or impressing of

    tamps may be allowed upto to any amount.

    The stamp as a history of more than 150 years. The concept of registration of property is older and got

    pecial evidentiary value in law. The stamps are generally categorized as Postal stamps and Non-Postal stamps.

    ostal stamps are used for transaction with post offices and related functions. The following types of stamps

    ome under Non-Postal stamp category.

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    Non judicial stamp papers of denominations up to Rs. 500/- are printed at Security Printing Press

    yderabad. Non-judicial stamps of denomination Rs 1000/- and above (up to Rs.25000/-) are printed at India

    ecurity Press, Nasik. All types of Adhesive stamps, Revenue stamps, Judicial stamps are printed at I.S.P

    asik. Government of India has established security press at Nasik and Hyderabad to cater the needs of various

    tates of the country in respect of security documents and stamps of different denominations. Security press is

    lso entrusted with the task of designing and developing the security documents. The Security press is headed

    y an officer of the rank of General Manager and functions under the control of Finance Ministry, Government

    f India.

    The features of each of the different stamps are enumerated bellow

    1) Revenue stamps:

    ) Court fee st amps :

    1 Judicial stamps2 Court fee stamps3 Coping sheets

    4 Non-Judicial stamp papers5 Revenue stamps6 Special Adhesive stamps (Labels)7 Notarial stamps8 Foreign Bill stamps

    9 Brokers Note10 Insurance policy stamps

    11 Share Transfer stamps

    12 Hundi13 Insurance Agency stamps

    Revenue stamps are widely used by all section of the society especiallyinvolving payment of money.

    Denomination: Re.0.25, 0.50, 1.00

    Usage: Receipt of payment of Money

    3) Judicial stam ps (I mp ressed Court Fee Stam p) :

    Judicial stamp are used for transactions with judiciary.

    Court fee stamps are generally used by public and other

    departments for correspondence with Government

    departments, such as RTO, Police, Revenue offices, etc.,

    Denominations: Re.0.05, 0.10, 0.20, 0.25, 0.35, 0.50, 0.55, 0.60,

    0.65, 0.75,0.90, 1.00, Rs.1.10, 1.25, 1.50,2.00, 3.00, 4.00,

    5.00,10.00, 20.00

    Usage: As processing fee for transactions with RTO, Police,Revenue & other Government Department

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    4) Non Judicial Stamp :

    ) Fiscal stam ps :

    ll Adhesive stamps (Labels) are known as Fiscal stamps. These stamps are issued in the following three series.

    (a) Paise series- 5,10,20,25and 50

    (b) Rupees series 1,2,5 and 10

    (c) High Rupee series 20, 50, 100, 500, 1000, 5000 and 10,000

    i) Special Adhesive Stamp

    Denominations : Rs.25, 30, 40, 50, 60, 75, 100, 200, 300, 500, 1000, 3000, 5000 and 25000/-.

    Usage: Payment of Stamp duty in respect of Transactions with Civil and Criminal Courts

    Non-judicial stamps are printed and circulated commencing from 1928 Non-Judicial Stamps are commonly

    used through out the country to register the contracts, agreements, deeds, wills, etc.

    Denomination: Rs.1, 2, 5, 10, 20, 50, 100, 500, 1000, 5000, 10000, 15000, 20000, 25000

    Usage: Agreements, Sale Deed, Hypothecation, etc.,

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    i i) I nsurance Stam p

    i i i) Foreign Bill Stam p

    iv) Share Transfer Stamp

    ) Brokers Note Stam p

    Denomination: Re.0.05, 0.10, 0.25, 0.40, Rs.5, 10, 20, 50, 500, 1000, 5000.

    Usage:

    Used in form of Non-Judicial Stamp in Financial transaction covering Stamp Duty

    Denomination : Re.0.10, 0.20, 0.25, 0.40, 0.50, 1, Rs.2, 5, 10,20, 50, 100, 500, 1000

    Usage:

    Used in Insurance Departments to authenticate the Insurance Policies

    Denomination : Re.0.20, 0.25, 0.50, 1, Rs.3, 10, 20, 50, 100

    Usage: Stamp Duty in respect of import paid to India

    Denomination : Re.0.15, 0.25, 0.50, 1, Rs.2, 5, 10, 50, 100, 200.

    Usage : Used in transaction of Shares by financial institution

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    vi) Notar ial Stam p

    Denomination: Re.0.25, 0.50, 0.75, 1, Rs.2,5, 10, 50, 100, 500.

    Usage: Stamp Duty payment in respect of Transaction through Brokers

    Denomination: Re.0.50, 1, Rs.2, 5.

    Usage: Used by Notary

    Letters are printed in Black on overprinting of all these stamps. If the watermark is genuine in a stamp paper,

    by placing a genuine stamp paper on a tracing paper and rubbing with a crayon, one can obtain the replica of

    the watermark on the tracing paper.

    These Adhesive stamps (Fiscal stamps) are generally used by the insurance companies,

    commercial Banks, Financial institution, corporate offices, Business Houses, Registered companies etc. all

    over the country and have common acceptability.

    EMBOSSI NG OF STAMP DUTY :

    This is one among the several forms of payment of stamp duty which is done exclusively in the Office of

    the Deputy Director, Stamp Depot, Vidhana Soudha, Bangalore. Any person desiring to get the

    document of emboss will make an application indicating the amount of stamp duty to be embossed. A

    challen is countersigned for the required amount, which will be remitted

    to the Reserve Bank of India and returned to the Treasury. The

    payment will be reconciled or the payment scroll will be obtained from

    the Reserve Bank next day. And the document is transmitted to the

    Government Printing Press, Peenya, where the embossing machine is

    located. The stamp duty will be embossed on the first sheet of the

    document and return to the Deputy Director of Stamps, who will attest

    the embossed impression and also affix a counter embossing seal. The

    document will then is returned to the applicant.

    FRANKI NG : This is one of the several methods of indicating the payment of stamp

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    duty. Franking machines are installed in some Sub-Registrar office in

    the State. These machines frank upto a denomination of 999 rupees. An application indicating the

    amount of duty to be frank is made to the proper officer authorize under the rules along with the

    unexecuted typed or printed documents. The necessary amount is paid in cash to the proper officer

    and the required denomination is franked on the document and return to the

    applicant. .....HTop

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