Section 6 of the Indian Stamp Act, 1899 applies where an instrument ma…

Question

Section 6 of the Indian Stamp Act, 1899 applies where an instrument may come under several descriptions in Schedule I. The rule is:

Accepted Answer

D. {'text': 'Where the duties chargeable under such descriptions are different, the instrument shall be chargeable only with the highest of such duties', 'label': 'D'}

1. Section 6 of the Act addresses instruments that come under several descriptions in Schedule I.
2. The rule: "Where the duties chargeable under such descriptions are different, [the instrument] shall be chargeable only with the **highest of such duties**."
3. Section 6 is subject to Section 5 (distinct matters).
4. Section 6 applies only where the instrument contains one matter that falls within two or more items in the Schedule — that is, the description is ambiguous.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 14 (Indian Stamp Act, 1899), pp. 337-353._

Answer

{'text': 'Where the duties chargeable under such descriptions are different, the instrument shall be wholly exempt from any duty whatsoever under any provision of any law in force in any State of India regardless of any other consideration of any kind', 'label': 'A'}

Answer

{'text': 'Where the duties chargeable under such descriptions are different, the instrument shall be chargeable only with the lowest of such duties under any provision of any law in force in any State of India regardless of any other consideration of any kind', 'label': 'B'}

Answer

{'text': 'Where the duties chargeable under such descriptions are different, the instrument shall be chargeable with the aggregate of all such duties under any provision of any law in force in any State of India regardless of any other consideration of any kind', 'label': 'C'}