State the provisions of Indian Stamp Act, 1899 regarding the payment of stamp duty for renewing debentures.

CS Executive · Economic and Commercial Laws · PYQS · December 2017
State the provisions of Indian Stamp Act, 1899 regarding the payment of stamp duty for renewing debentures.

Answer & Explanation:

Section 55 of Indian Stamp Act, 1899 is intended to relieve companies renewing debentures issued by them from the liability to pay stamp duty on both the original and the renewed debenture. As per this section, when any duly stamped debenture is renewed by the issue of a new debenture in the same terms, the Collector shall, upon application made within one month, repay to the person issuing such debenture, the value of the stamp on the original or on the new debenture whichever shall be less: Provided that the original debenture is produced before the Collector and cancelled by him in such manner as the State Government may direct. A debenture shall be deemed to be renewed in the same terms within the meaning of this section notwithstanding the following changes: the issue of two or more debentures in place of one original debenture, the total amount secured being the same; the issue of one debenture in place of two or more original debentures, the total amount secured being the same; the substitution of the name of the holder at the time of renewal for the name of the original holder; and the alteration of the rate of interest of the date of payment thereof.

Topics: Indian Stamp Act, 1899

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