Home › CS Executive › jurisprudence › Indian Stamp Act 1899 › The Indian Stamp Act, 1899 is a fiscal legislati…
The Indian Stamp Act, 1899 is a fiscal legislation. Which entry of which legislative list of the Constitution of India confers on the Union the power to levy stamp duty on commercial instruments such as bills of exchange, cheques, promissory notes, bills of lading, letters of credit and policies of insurance?
A{'text': 'Entry 91 of the Union List (List I) of the Seventh Schedule to the Constitution', 'label': 'A'}
B{'text': 'Entry 63 of the State List (List II) of the Seventh Schedule to the Constitution of India regardless of any other consideration of any kind under any law in force in any State of India', 'label': 'B'}
C{'text': 'Entry 44 of the Concurrent List (List III) of the Seventh Schedule to the Constitution of India regardless of any other consideration of any kind under any law in force in any State of India', 'label': 'C'}
D{'text': 'Entry 88 of the Union List (List I) of the Seventh Schedule to the Constitution of India regardless of any other consideration of any kind under any law in force in any State of India', 'label': 'D'}
Answer & Solution
Correct answer: A. {'text': 'Entry 91 of the Union List (List I) of the Seventh Schedule to the Constitution', 'label': 'A'}
1. Lesson 14 records the constitutional architecture of stamp duty:
- **Union List, Entry 91** — Union power to levy stamp duty on commercial instruments (bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies, receipts).
- **State List, Entry 63** — State power to prescribe rates of stamp duty on other instruments.
- **Concurrent List, Entry 44** — Principles for levy.
2. Hence option (A) is correct.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 14 (Indian Stamp Act, 1899), pp. 337-353._
Related questions
Section 8B of the Indian Stamp Act, 1899 (inserted by the Finance Act, 2005, w.e.f. 13 MaySection 8A of the Indian Stamp Act, 1899 provides about **securities dealt in by a depositAccording to Section 2(24) of the Indian Stamp Act, 1899, the term **"settlement"** means According to Section 2(23) of the Indian Stamp Act, 1899, the term **"receipt"** includes According to Section 2(5) of the Indian Stamp Act, 1899, the term **"bond"** includes whicSection 29 of the Indian Stamp Act, 1899 deals with the **persons liable to pay duty**. AcSection 27 of the Indian Stamp Act, 1899 requires that the consideration and all other facSection 26 of the Indian Stamp Act, 1899 deals with **instruments where the value of the s