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THE BOMBAY STAMP ACT, 1958 - Igrmaharashtra.gov.in

THE BOMBAY STAMP ACT, 1958 - Igrmaharashtra.gov.in

THE BOMBAY STAMP ACT, 1958 - Igrmaharashtra.gov.in

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Explanation.-The certificate of the Collector under section 32 that the full duty withwhich an <strong>in</strong>strument is chargeable has been paid is an impressed stamp with<strong>in</strong> themean<strong>in</strong>g of this section.48. Application for relief under section 47 when to be made.The application for relief under section 47 shall be made with<strong>in</strong> the follow<strong>in</strong>g period, thatis to say, -(1) <strong>in</strong> the cases mentioned <strong>in</strong> clause (c) (5), with<strong>in</strong> 2 [six months] of the date of the<strong>in</strong>struments:3 [Provided that where an Agreement to sell immovable property, on which stamp duty ispaid under Article 25 of the Schedule I, is presented for registration under the provisionsof the Registration Act, 1908 and if the seller refuses to deliver possession of theimmovable property which is the subject matter of such agreement the application maybe made with<strong>in</strong> two years of the date of the <strong>in</strong>strument;4 [(2) <strong>in</strong> the case when for unavoidable circumstances any <strong>in</strong>strument for which another<strong>in</strong>strument has been substituted cannot be given up to be cancelled, the application maybe made with<strong>in</strong> six months after the date of execution of the substituted <strong>in</strong>strument.(3) <strong>in</strong> any other case, with<strong>in</strong> S[six months] from the date of purchase of stamp.]49. Allowance <strong>in</strong> case of pr<strong>in</strong>ted forms no longer required -by corporations.The Chief Controll<strong>in</strong>g Revenue Authority or the Collector if empowered by the ChiefControll<strong>in</strong>g Revenue Authority <strong>in</strong> this behalf may without limit of time, make allowancefor stamped papers used for pr<strong>in</strong>ted forms of <strong>in</strong>strument by any banker or by any<strong>in</strong>corporated company or other body corporate, if for any sufficient reason such formshave ceased to be required by the said banker, company or body corporate: provided thatsuch authority is satisfied that the duty <strong>in</strong> respect of such stamped papers has been dulypaid.__________________________-I. These words were substituted for the words "to be cancelled" by Mah. 27 of 1985, s. 28(b) (ii), (w.e.f. 10-12-1985).2. These words were substituted for the words "two months," by Mah. 27 of 1985, s. 29(a), (w.e.f. 10-12-1985).3. This proviso was added by Maharashtra Tax Laws (Levy and Amendment) Act 16 of1995, s. 2, (w.e.f. 1-9-1995).4. Clauses (2) and (3) were substituted for the orig<strong>in</strong>al clauses (2) and (3) and the provisothereto by Mah. 27 of 1985, s. 29 (b), (w.e.f. 10-12-1985).5. These words were substituted for the words "one year" by Mah. 18 of 1989, s. 4,(w.e.f.1-12-1989).

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