Section 3   [ View Judgements ]

Substitution of section 52A of Bom. LX of 1958


For section 52A of the principal Act, the following section shall be substituted, namely:-

"52A.Allowance for Duty:- (1) Notwithstanding anything contained in sections 47, 50, 51 and 52, when payment of duty is made by stamps or in cash as provided for under sub-section (3) of section 10 or section 10A or section 10B, and when the amount of duty paid exceeds rupees one lakh, the concerned Collector shall not make allowance for the stamps, or the cash amount paid under the Challans, which are spoilt or misused or not required for use, but shall, after making necessary enquiries, forward the application with his remarks thereon to,-

(a) the Additional Controller of Stamps for the cases handled by the Collectors working in the Mumbai City District and Mumbai Suburban District; and

(b) the concerned Deputy Inspector General of Registration and Deputy Controller of Stamps of the division for the cases handled by the Collectors other than those mentioned in clause (a).

(2) The Additional Controller of Stamps or, the concerned Deputy Inspector General of Registration and Deputy Controller of Stamps of the division, as the case may be, on receiving such application consider the same and decide whether such allowance shall be given or not, and accordingly shall, grant the same, if the amount of allowance does not exceed rupees ten lakh, and if, it exceeds rupees ten lakh, shall submit such application, with his remarks thereon to the Chief Controlling Revenue Authority for decision.

(3) The Chief Controlling Revenue Authority on receiving such application shall decide on merit whether such allowance shall be given or not, and pass such order thereon as he thinks just and proper, which shall be final and shall not be questioned in any court or before any authority.".

4 In the Schedule I appended to the principal Act,-

(1) in article 5, in clause (h), in sub-clause (A),-

(A) in entry (iv), in column 2, for the words " Two rupees and fifty paise " the words " One rupee " shall be substituted;

(B) after entry (v), the following entry shall be inserted, namely:-

(vi) project under Built, Operate and Transfer (BOT) system, whether with or without toll or fee collection rights. One rupee for every rupees 1,000 or part thereof of the contractual value subject to minimum of rupees 100 and maximum of rupees 5,00,000.?;


(2) in article 6,-

(A) in clause (1), in column 2,-

(i) for the words " Five rupees" the words " One rupee " shall be substituted;

(ii) for the words " ten lakh rupees " the words " five lakh rupees " shall be substituted;

(B) in clause (2), in column 2,-

(i) for the words " Five rupees" the words " One rupee " shall be substituted;

(ii) for the words " ten lakh rupees " the words " five lakh rupees " shall be substituted;

(3) in article 25, in clause (d), in sub-clause (1), in entry (D),-

(i) in sub-entry (i),-

(a) in column 1, for the figures " 1,00,000 " the figures " 2,50,000 " shall be substituted;

(b) in column 2, for the word " Nil " the words " One hundred rupees " shall be substituted;

(ii) sub-entry (ii) shall be deleted;

(iii) in sub-entry (iii), in column 2, for the figures " 1,250 " the figures " 100 " shall be substituted;

(iv) in sub-entry (iv), in column 2, for the figures " 8,750 " the figures " 7,600 " shall be substituted;

(4) in article 36A, in clause (a), in sub-clause (i), in entry (1),-

(A) in sub-entry (C), in column 1, for the words " rupees ten lakh " the words " rupees twenty lakh " shall be substituted;

(B) in sub-entry (D), in column 1, for the words " rupees ten lakh " the words " rupees twenty lakh " shall be substituted;

(5) in article 40, after clause (c), in column 1, the following Explanation shall be added, namely:-

" Explanation.-For the purpose of this clause, " the principal or primary security " shall mean, the security created under clause (a) or (b) above.";

(6) for article 52, the following article shall be substituted, namely:-

52. RELEASE, that is to say, any instrument (not being an instrument as is provided by section 24) whereby a person renounces a claim upon other person or against any specified property,-  
(a) if the release deed of an ancestral property or part thereof is executed by or in favour of brother or sister (children of renouncer?s parents) or son or daughter or son of predeceased son or daughter of predeceased son or father or mother or spouse of the renouncer or the legal heirs of the above relations. Two hundred rupees.
(b) in any other case. The same duty as is leviable on a conveyance under clause (a), (b), (c) or (d), as the case may be, of Article 25, on the market value of the share, interest, part or claim renounced.?;


(7) in article 54, in clause (ii), in column 2, in the proviso, the figure and word " 6 or " shall be deleted;

(8) after article 62, the following article shall be added, namely:-

63. WORKS CONTRACT, that is to say, a contract for works and labour or services involving transfer of property in goods (whether as goods or in some other form) in its execution and includes a sub-contract,-  
(a) where the amount or value set forth in such contract does not exceed rupees ten lakh. One hundred rupees.
(b) where it exceeds rupees ten lakh. One hundred rupees plus 100 rupees for every rupees 1,00,000 or part thereof, above rupees ten lakh, subject to the maximum of rupees five lakh.

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