Jagdish Sahai, J. - (1.) THIS reference by Sri R.C. Chaturvedi, Chief Inspector of Stamps (Collector under the Indian Stamp Act), has been made to this court under Section 61 of the Indian Stamp Act (hereinafter referred to as the Act). In suit No. 7 of 1961, United Bank of India v. Ram Chandra Kapur of the Court of the Second Additional Civil Judge, Varanasi, a large number of documents were filed by the United Bank of India Limited (hereinafter referred to as the bank). These documents included three deeds which were marked as papers Nos. 52C, 57C and 61C, at the trial. According to the Chief Inspector of Stamps, these three documents were liable to stamp duty as provided by Article 6(2) of Schedule I -B of the Act.
(2.) THE case of the bank was that the only duty that was liable to be paid was the one provided by Article 5 of the Act. Suit No. 7 of 1961 was ultimately compromised. However, the Chief Inspector of Stamps has, by means of this reference, requested this court to declare that the following duty is payable in respect of each one of these documents : -family: Verdana; font -size: Document Duty Chargeable Duty Paid Deficiency Penalty Total due. 52C Rs. 281.25 Rs. 2.00 Rs. 279.25 Rs. 2792.50 Rs. 3071.75 57C Rs. 375.00 Rs. 2.00 Rs. 373.00 Rs. 3730.00 Rs. 4103.00 61C Rs. 431.25 Rs. 2.00 Rs. 429.25 Rs. 4292.20 Rs. 4721.45 Mr. K.N. Gupta, who has appeared for the bank, has submitted that the instant reference should be rejected for the following reasons : 1. That the documents in question were never "admitted" with the result that no reference under Section 61 of the Act was to be made to this court. 2. Article 5 and not Article 6 of Schedule I -B of the Act applies to the present case and the duty already paid is sufficient. 3. That in the instant case the bank was entitled to remission of stamp duty as provided by Section 9 of the Act.
(3.) LEARNED counsel for the parties have addressed us on the three questions mentioned above.;