Sri Lanka Consolidated Acts

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Stamp Duty Act (No. 43 of 1982) - Sect 13

Composition of stamp duty payable on certain instrument

13.
(1) The Commissioner-General may authorize
(a) any person issuing insurance policies,
(b) any company issuing shares, whether such issue is original or increased or creating debenture stock,
(c) any bank doing business in Sri Lanka,
(d) any employer making payments to employees who are liable to give stamped receipts in respect of such payments,
(e) an officer of the Supreme Court, Court of Appeal, the High Court or a District Court,
(f) any other person issuing instruments of a category, having regard to the fact that it is impracticable or inexpedient to stamp instruments of that category at the time, or in the manner, prescribed by this Act,
(2) Notwithstanding the preceding provisions of this section
(i) any person making payments to one hundred employees or more in respect of their employment shall collect stamp duty payable on the receipt for such payment;
(ii) every bank or approved credit agency shall, collect the stamp duty payable in respect of every bill of exchange other than a cheque, promissory note, trust receipt, letter of trust or declaration of trust, taken by it, every pledge in respect of corporeal movables made to it and every application made to it for a letter of credit, and
(3) Where the payment of the stamp duty with which an instrument or document is chargeable has been compounded in accordance with this section such instrument of document shall be deemed to be duly stamped.
(4) Where the payment of the stamp duty with which every bill of exchange, (other than a cheque) promissory note, trust receipt, letter of trust, declaration of trust, pledge in respect of corporeal movables or application made for letter of credit is chargeable with stamp duty has been compounded in accordance with this section, the company or the "bank or approved credit agency, as the case may be, shall certify on such bill of exchange, (other than a cheque) promissory note, trust receipt, letter of trust, declaration of trust, pledge in respect of corporeal movables or application made for a letter of credit that the stamp duty on it has been compounded. Such certificate shall be substantially in the following form:
(5) Where the payment of the stamp duty payable on a document presented or filed in civil or admiralty proceedings instituted in the Supreme Court, the Court of Appeal, the High Court or a District Court has been compounded in accordance with this section, the officer of such court authorized under subsection (1) shall endorse on such document the amount of stamp duty payable on such document and that the payment of such stamp duty has been compounded in accordance with this section.
(6) Notwithstanding that the payment of stamp duty with which an instrument or document is chargeable has been compounded as aforesaid, the Commissioner-General may adjudicate on the proper duty payable in respect of such instrument or document.


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