INDIAN STAMP ACT, 1899
CHAPTER I PRELIMINARY
1. Short title, extent and commencement 1
2. Definitions 1
CHAPTER II
STAMP-DUTIES
A. Of the liability of instruments to duty
3. Instruments chargeable with duty 11
3A. [Omitted by the Refugee Relief Taxes (Abolition) Act, 1973, w.e.f. 1-4-1973] 13
4. Several instruments used in single transaction of sale, mortgage or settlement 13
5. Instruments relating to several distinct matters 14
6. Instruments coming within several descriptions in Schedule I 14
7. Policies of sea-insurance 15
8. Bonds, debentures or other securities issued on loans under Act 11 of 1879 15
8A. Securities dealt in depository not liable to stamp duty 16
8B. Corporatisation and demutualization schemes and related instruments not liable to duty 17
8C.
8D.
8E. Conversion of a branch of any bank into a wholly owned subsidiary of bank or transfer of shareholding of a bank to a holding company of bank not liable to duty
8F. Agreement or document for transfer or assignment of rights or interest in financial assets not liable to stamp duty
8G. Strategic sale, disinvestment, etc., of immovable property by Government company not liable to stamp
9A.
9B. Instruments chargeable with duty for transactions otherwise than through stock exchanges and depositories
23A.
CONTENTS
24. How transfer in consideration of debt, or subject to future payment, etc., to be charged 31
25. Valuation in case of annuity, etc. 32
26. Stamp where value of subject-matter is indeterminate 33
27. Facts affecting duty to be set forth in instrument 34
28. Direction as to duty in case of certain conveyances 35 E. Duty by whom payable
29. Duties by whom payable 37
30. Obligation to give receipt in certain cases 40
CHAPTER III
ADJUDICATION AS TO STAMPS
31. Adjudication as to proper stamp 41
32. Certificate by Collector 43
CHAPTER IV
INSTRUMENTS NOT DULY STAMPED
33. Examination and impounding of instruments 45
34. Special provision as to unstamped receipts 46
35. Instruments not duly stamped inadmissible in evidence, etc. 47
36. Admission of instrument where not to be questioned 50
37. Admission of improperly stamped instruments 50
38. Instruments impounded, how dealt with 50
39. Collector’s power to refund penalty paid under section 38, sub-section (1) 51
40. Collector’s power to stamp instruments impounded 51
41. Instruments unduly stamped by accident 52
42. Endorsement of instruments on which duty has been paid under section 35, 40 or 41 53
43. Prosecution for offence against Stamp-law 54
44. Persons paying duty or penalty may recover same in certain cases 54
45. Power to Revenue authority to refund penalty or excess duty in certain cases 55
46. Non-liability for loss of instruments sent under section 38 55
47. Power of payer to stamp bills, and promissory notes received by him unstamped 55
48. Recovery of duties and penalties 55
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES
49. Allowance for spoiled stamps 56
50. Application for relief under section 49 when to be made 57
51. Allowance in case of printed forms no longer required by Corporations 58
52. Allowance for misused stamps 58
53. Allowance for spoiled or misused stamps how to be made 58
54. Allowance for stamps not required for use 59
54A. Allowances for stamps in denominations of annas 59
54B. Allowances for Refugee Relief stamps
55. Allowance on renewal of certain debentures
CHAPTER VI
REFERENCE AND REVISION
56. Control of, and statement of case to, Chief Controlling Revenue-Authority 60
57. Statement of case by Chief Controlling Revenue-Authority to High Court 61
58. Power of High Court to call for further particulars as to case stated 62
59. Procedure in disposing of case stated 62
60. Statement of case by other Courts to High Court 62
61. Revision of certain decisions of Courts regarding the sufficiency of stamps 62
CHAPTER VII
CRIMINAL OFFENCES AND PROCEDURE
62. Penalty for executing, etc., instrument not duly stamped 63
62A. Penalty for failure to comply with provisions of section 9A 64
63. Penalty for failure to cancel adhesive stamp 64
64. Penalty for omission to comply with provisions of section 27 64
65. Penalty for refusal to give receipt, and for devices to evade duty on receipts 64
66. Penalty for not making out policy or making one not duly stamped 65
67. Penalty for not drawing full number of bills or marine policies purporting to be in sets
68. Penalty for post-dating bills, and for other devices to defraud the revenue
69. Penalty for breach of rule relating to sale of stamps and for unauthorized sale
70. Institution and conduct of prosecutions
71. Jurisdiction of Magistrates
72. Place of trial
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
73.
73B. Power to issue directions and to authorise certain authorities to issue instructions, etc.
74. Powers to make rules relating to sale of stamps
75. Power to make rules generally to carry out Act
76. Publication of rules
77.
78.
79.
1.
3.
INDIAN STAMP (COLLECTION OF STAMP-DUTY THROUGH STOCK EXCHANGES, CLEARING CORPORATIONS AND DEPOSITORIES) RULES, 2019
4. Determining transactions as on delivery basis or non-delivery basis, differential duty, etc. 107
5. Collection of stamp-duty by depositories from transferor 108
6. Collection of stamp-duty by depositories from issuer 108
7. Transfer of stamp-duty to States 109
8. Return of stamp-duty 109
9. Erroneous entries 110
FORM: Return of Stamp-Duty Collected (Monthly/Yearly) 110
Indian Stamp Act, 1899
[2 OF 1899]*
An Act to consolidate and amend the law relating to Stamps. WHEAREAS it is expedient to consolidate and amend the law relating to Stamps; It is hereby enacted as follows:—
CHAPTER I PRELIMINARY
Short title, extent and commencement.
1. (1) This Act may be called the Indian Stamp Act, 1899.
1[(2) It extends to the whole of India 2[***]:
Provided that it shall not apply to 3[the territories which, immediately before the 1st November, 1956, were comprised in Part B States] (excluding the State of Jammu and Kashmir) except to the extent to which the provisions of this Act relate to rates of stamp-duty in respect of the documents specified in entry 91 of List I in the Seventh Schedule to the Constitution.]
(3) It shall come into force on the first day of July, 1899.
Definitions.
2. In this Act, unless there is something repugnant in the subject or context,— 4[(1) “allotment list” means a list containing details of allotment of the securities intimated by the issuer to the depository under sub-section (2) of section 8 of the Depositories Act, 1996 (22 of 1996);
*Dated 27-1-1899.
This Act has been partially extended to the Berar by the Berar Laws Act, 1941, w.e.f. 1-8-1941. It has also been extended to Dadra and Nagar Haveli by the Dadra and Nagar Haveli (Laws) Regulation, 1963, w.e.f. 1-7-1965 to Goa, Daman and Diu by the Goa, Daman and Diu (Laws) No. 2 Regulation, 1963, w.e.f. 19-12-1963 and to Laccadive, Minicoy and Amindivi Islands by the Laccadive, Minicoy and Amindivi Islands (Laws) Regulation, 1965, w.e.f. 1-10-1967.
1. Substituted by the Indian Stamp (Amendment) Act, 1955, w.e.f. 1-4-1956.
2. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.
3. Substituted for “Part B States” by the Adaptation of Laws (No. 2) Order, 1956, w.e.f. 1-111956.
4. Clauses (1) and (1A) substituted for clause (1) by the Finance Act, 2019, w.e.f. 1-7-2020 [Vide S.O. 4419(E), dated 10-12-2019, as amended by S.O. 115(E), dated 8-1-2020 and S.O. 1226(E), dated 30-3-2020]. Prior to its substitution, clause (1) read as under: ‘(1) “Banker” includes a bank and any person acting as a banker;’
(1A) “banker” includes a bank and any person acting as a banker;]
(2) “bill of exchange” means a bill of exchange as defined by the Negotiable Instruments Act, 1881 (26 of 1881), and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money;
(3) “bill of exchange payable on demand” includes—
(
a) an order for the payment of any sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen;
(
(
b) an order for the payment of any sum of money weekly, monthly, or at any other stated period; and
c) a letter of credit, that is to say, any instrument by which one person authorizes another to give credit to the person in whose favour it is drawn;
(
4) “bill of lading” includes a “through bill of lading”, but does not include a mate’s receipt;
(
5) “bond” includes—
(
a) any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be;
(
b) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and
(
c) any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another, 5[but does not include a debenture;]
(6) “chargeable” means, as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act, and, as applied to any other instrument, chargeable under the law in force in 6[India] when such instrument was executed or, where several persons executed the instrument at different times, first executed;
(7) “cheque” means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand;
5. Inserted by the Finance Act, 2019, w.e.f. 1-7-2020 [Vide S.O. 4419(E), dated 10-12-2019, as amended by S.O. 115(E), dated 8-1-2020 and S.O. 1226(E), dated 30-3-2020].
6. Substituted for “the States” by the Indian Stamp (Amendment) Act, 1955, w.e.f. 1-4-1956.
7[(7A) “clearance list” means a list of transactions of sale and purchase relating to contracts traded on the stock exchanges submitted to a clearing corporation in accordance with the law for the time being in force in this behalf;
(7B) “clearing corporation” means an entity established to undertake the activity of clearing and settlement of transactions in securities or other instruments and includes a clearing house of a recognised stock exchange;]
(8) 7a[***]
(9) “Collector”—
(a) means, within the limits of the towns of Calcutta, Madras and Bombay, the Collector of Calcutta, Madras and Bombay, respectively, and, without those limits, the Collector of a district, and
(b) includes a Deputy Commissioner and any officer whom 8[the 9[State Government]] may, by notification in the Official Gazette, appoint in this behalf;
(10) “conveyance” includes a conveyance on sale and every instrument by which property, whether movable or immovable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule I;
7[(10A) “debenture” includes––
(i) debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not;
(ii) bonds in the nature of debenture issued by any incorporated company or body corporate;
(iii) certificate of deposit, commercial usance bill, commercial paper and such other debt instrument of original or initial maturity upto one year as the Reserve Bank of India may specify from time to time;
(iv) securitised debt instruments; and
(v) any other debt instruments specified by the Securities and Exchange Board of India from time to time;
(10B) “depository” includes––
(a) a depository as defined in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996); and
7. Inserted by the Finance Act, 2019, w.e.f. 1-7-2020 [Vide S.O. 4419(E), dated 10-12-2019, as amended by S.O. 115(E), dated 8-1-2020 and S.O. 1226(E), dated 30-3-2020].
7a. Clause (8) omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1-4-1937.
8. Substituted for “the Local Government”, ibid.
9. Substituted for “collecting Government” by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950.
(b) any other entity declared by the Central Government, by notification in the Official Gazette, to be a depository for the purposes of this Act;]
(11) “Duly stamped”, as applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for time being in force in 10[India];
(12) “Executed” and “execution”, used with reference to instruments, mean “signed” and “signature” 10a[and includes attribution of electronic record within the meaning of section 11 of the Information Technology Act, 2000 (21 of 2000)];
(12A) 11[***]
(13) “impressed stamp” includes—
(a) labels affixed and impressed by the proper officer, and
(b) stamps embossed or engraved on stamped paper;
12[(13A) “India” means the territory of India excluding the State of Jammu and Kashmir;]
13[(14) “instrument” includes—
(a) every document, by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded; (b) a document, electronic or otherwise, created for a transaction in a stock exchange or depository by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded; and
(c) any other document mentioned in Schedule I, but does not include such instruments as may be specified by the Government, by notification in the Official Gazette;]
(15) “instrument of partition” means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and includes also a final order for effecting a partition passed by any revenue-authority or any Civil Court and an award by an arbitrator directing a partition;
10. Substituted for “the States” by the Indian Stamp (Amendment) Act, 1955, w.e.f. 1-4-1956. 10a. Inserted by the Finance Act, 2019, w.e.f. 1-7-2020 [Vide S.O. 4419(E), dated 10-12-2019, as amended by S.O. 115(E), dated 8-1-2020 and S.O. 1226(E), dated 30-3-2020].
11. Omitted by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950. Earlier, clause (12A) was inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1-4-1937.
12. Inserted by the Indian Stamp (Amendment) Act, 1955, w.e.f. 1-4-1956.
13. Substituted by the Finance Act, 2019, w.e.f. 1-7-2020 [Vide S.O. 4419(E), dated 10-12-2019, as amended by S.O. 115(E), dated 8-1-2020 and S.O. 1226(E), dated 30-3-2020]. Prior to its substitution, clause (14) read as under:
‘(14) “instrument” includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or record;’
14[(15A) “issuer” means any person making an issue of securities;]
(16) “lease” means a lease of immovable property, and includes also—
(
(a) a patta;
b) a Kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate, occupy, or pay or deliver rent for, immovable property;
(
c) any instrument by which tolls of any description are let;
(d) any writing on an application for a lease intended to signify that the application is granted;
15[(16A) “marketable security” means a security capable of being traded in any stock exchange in India;
(16B) “market value”, in relation to an instrument through which—
(a) any security is traded in a stock exchange, means the price at which it is so traded;
(
b) any security which is transferred through a depository but not traded in the stock exchange, means the price or the consideration mentioned in such instrument;
(
c) any security is dealt otherwise than in the stock exchange or depository, means the price or consideration mentioned in such instrument;]
(17) “mortgage-deed” includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person transfers, or creates, to, or in favour of, another, a right over or in respect of specified property;
(18) “paper” includes vellum, parchment or any other material on which an instrument may be written;
(19) “policy of insurance” includes—
(a) any instrument by which one person, in consideration of a premium, engages to indemnify another against loss, damage or liability arising from an unknown or contingent event;
(b) life-policy, and any policy insuring any person against accident or sickness, and any other personal insurance; 15a[***]
14. Inserted by the Finance Act, 2019, w.e.f. 1-7-2020 [Vide S.O. 4419(E), dated 10-12-2019, as amended by S.O. 115(E), dated 8-1-2020 and S.O. 1226(E), dated 30-3-2020].
15. Clauses (16A) and (16B) substituted for clause (16A), ibid Prior to its substitution, clause (16A), as amended by the Indian Stamp (Amendment) Act, 1955, w.e.f. 1-4-1956, read as under:
‘(16A) “Marketable security” means a security of such a description as to be capable of being sold in any stock market in India or in the United Kingdom;’
15a. Word “and” omitted by the Indian Stamp (Amendment) Act, 1906.
INDIAN STAMP ACT 1899 WITH RULES BARE ACT WITH SECTION NOTES
AUTHOR
: TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : JANUARY 2025
EDITION : 2025 EDITION
ISBN NO : 9789364550017
NO. OF PAGES : 124
BINDING TYPE : PAPERBACK
DESCRIPTION
Indian Stamp Act 1899 with Rules [Bare Act with Section Notes] by Taxmann is a consolidated reference for the Indian Stamp Act and its allied rules, including the Indian Stamp (Collection of Stamp-Duty through Stock Exchanges, Clearing Corporations and Depositories) Rules, 2019. Each section of the statute is supplemented with explanatory notes, focusing on historical evolution, recent amendments, and everyday applications. This publication aims to clarify the legal framework governing stamp duties in India, ensuring readers understand both core statutory provisions and current guidelines.
This book is intended for the following audience:
• Legal Practitioners & Law Firms
• Corporate Entities & Financial Institutions
• Judicial & Quasi-Judicial Authorities
• Public Offices & Administrators
• Academicians & Students
The Present Publication is the 2025 Edition, covering the amended and updated text of the Indian Stamp Act [Act No. 2 of 1899] and Rules, with the following noteworthy features:
• [Section Notes & Commentary] Each section is followed by notes clarifying practical implications
• [Coverage of Amendments] Includes recent legislative changes, notably the 2019 Rules on stamp-duty collection
• [Pre-amendment Provisions] Displays earlier text in footnotes for historical context
• [Practical Insight on Duties] Provides guidelines on chargeability, remission, and adjudication
• [Relevant Rules & Forms] Contains the Indian Stamp (Collection of Stamp-Duty) Rules, 2019, along with essential forms
• [User-friendly Format] Bare Act layout with inline notes for quick reference
• [Up-to-date & Authoritative] Published by Taxmann, known for reliability in legal and tax commentaries