A. The answers to your queries are as under:
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- In view of the amendment of Schedule I, to the Indian Stamp Act 1899, the one-rupee stamp is required to be affixed on any receipt, the amount or value of which exceeds Rs 5,000. This amendment has come w.e.f. 10.09.04. The stamp is required to be affixed in respect of receipt which has been defined as under in Section 2(23) of the aforesaid Act:“Receipt” include any note, memorandum or writing-
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- whereby any money, or any bill of exchange, cheque or promissory note is acknowledged to have been received, or
- whereby any other movable property is acknowledged to have been received in satisfaction of a debt, or
- whereby any debt or demand, or any part of a debt or demand, is acknowledged to have been satisfied or discharged, or
- which signifies or imports any such acknowledgement, and whether the same is or is not signed with the name of any person.
- In view of the above, the cheque received would also be covered for the affixation of the stamp.
- The definition of receipt would definitely cover the cases referred to by you.
- The withdrawals from bank account is not in the nature of receipt as defined herein above. However, the payment on a maturity of fixed deposit would definitely be covered.
- In my opinion, such receipt is not perfect.
- The instrument which is not duly stamped is inadmissible as an evidence.
By CA S.C