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    <title>1950 (3) TMI 18 - HIGH COURT OF MADRAS</title>
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    <description>For stamp duty purposes, the character of an instrument depends on its substance and operative effect, not merely on the scheme under which it is executed. Two transfer deeds executed pursuant to a sanctioned scheme were held to be conveyances because they went beyond implementation of the court-approved arrangement and themselves embodied contractual covenants and consideration, effecting transfer of property inter vivos. They did not satisfy the requirements of composition deeds, as the debtors were not parties and the instruments were not of the kind covered by that article. The deeds were therefore chargeable under Article 23 of Schedule I of the Indian Stamp Act, with assessment of duty and penalty left to the Collector.</description>
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    <pubDate>Tue, 21 Mar 1950 00:00:00 +0530</pubDate>
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      <title>1950 (3) TMI 18 - HIGH COURT OF MADRAS</title>
      <link>https://www.taxtmi.com/caselaws?id=97056</link>
      <description>For stamp duty purposes, the character of an instrument depends on its substance and operative effect, not merely on the scheme under which it is executed. Two transfer deeds executed pursuant to a sanctioned scheme were held to be conveyances because they went beyond implementation of the court-approved arrangement and themselves embodied contractual covenants and consideration, effecting transfer of property inter vivos. They did not satisfy the requirements of composition deeds, as the debtors were not parties and the instruments were not of the kind covered by that article. The deeds were therefore chargeable under Article 23 of Schedule I of the Indian Stamp Act, with assessment of duty and penalty left to the Collector.</description>
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      <pubDate>Tue, 21 Mar 1950 00:00:00 +0530</pubDate>
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