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Stamp Duty Rate Dependent on Instrument’s Legal Character

This Connect provides a brief overview of the judgement of the Supreme Court in the M/S Godwin Construction case where it examined whether a ‘Security Bond or Mortgage Deed’ is chargeable under Article 40 or Article 57 of Schedule I-B of the Indian Stamp Act, 1899. It opined that it is the legal character of the instrument that is considered for determination of Stamp Duty and not the nomenclature of the instrument.