Stamp Act, 1899–Secs. 35(1) & 33–Whether on production of unstamped document, the Court is duty bound to determine the stamp fee alongwith the penalty u/s. 35(1) of the Act or impound the same u/s. 33 of the Act and send the same to the Collector for determination of stamp duty and penalty in order to make the document admissible ?–Held, if any instrument is presented before the Court, which is not duly stamped, the Court is duty bound to impound the same and-
(1) if the party who produces such instrument in evidence is willing to pay the stamp duty or deficit stamp duty together with the amount of penalty, to determine the same and upon deposit of the amount, so determined, with the Court, it shall be open for the Court to admit the instrument in evidence, or
(2) in the event, however, the party which produces such instrument does not agree or is unable to remit the amount of stamp duty/deficit stamp duty and penalty, the Court shall send the impounded instrument to Collector for determination of stamp duty and penalty, which shall be, upon production/receipt of the certificate/endorsement of deposit thereof, received in evidence.
