Stamp & Others
pratik
(Querist) 28 April 2010
This query is : Resolved
1) Meaning of impressed stamp & Adhesive stamp there uses & which one is most imp.
2)What do u mean by miscellaneous proceedings as per cpc, 1908 section 141 .With the example.
3)As per section 60 of the CPC Civil Procedure code, 1908 says which values or assets are not liable for the attachment that method should be followed by the officer under the income tax act, 1961 so why CPC orders form 1 to 50 cannot apply to the income tax proceedings which is between the A.O. or any higher authority of it. Why?
Thanks In advance.
Raj Kumar Makkad
(Expert) 28 April 2010
1. Use of adhesive stamps [Sec. 11] : Some of the instruments which may be stamped with adhesive stamps are:
Instruments chargeable with the duty not exceeding 10 paise, except bill of exchange payable otherwise than on demand.
The bills of exchange and promissory notes drawn or made out of India.
Instruments relating to entry as an advocate.
Notarial Acts.
Instruments relating to transfer of shares of a company
It may be noted that the Section 11 uses the word ‘may’ and not the word ‘shall’. This means that instruments referred to in Section 11 can also be written on an impressed stamp.
Cancellation of adhesive stamp [Sec. 12]: Section 12 provides that the adhesive stamps shall be cancelled either at the time when the stamp is affixed, if the instrument has already been executed or at the time of executing. The object of cancellation is to prevent the same stamps from being used again.
The person required to cancel an adhesive stamp may cancel it in any of the following manner.
By writing on or across the stamp his name or initials of his firm along with the date.
In any other effectual manner.
The Following have been held to be effectual manner of cancellation of adhesive stamps:
Drawing a solitary line (single line) across the stamp.
Drawing of diagonal lines across the stamp with ends extending on to the paper of the document.
It may be noted that any instrument bearing an adhesive stamp, which has not been cancelled, shall be deemed to be unstamped.
2. for your query no. 2 & 3, you need to go through Civil Procedure code becuase you are advocate and it is good for you to study this Ramayan as many times as you can.
