VIVHUTI EXPORTS Vs. CC

JUDGEMENT

(1.) The original Power of Attorney which is purported to have been executed by Mrs. Anjana Jagetia before Notary Marilyn Kimpel at State of Ohio by which Shri R.K. Malpani was authorized to file appeals before this Tribunal against the order of the Commissioner of Customs, Jaipur made on 25 -9 -2002, has been placed on record. It appeared that this original Power of Attorney executed on 27 -12 -2002 has not been stamped is required by Section 18 of the Indian Stamp Act. The Supreme Court in a similar context held in Malaysian Airlines Systems BHD v. Stic Travels (P) Ltd. reported in (2001) 1 Supreme Court Cases 451, that under Section 3(c) of the Indian Stamp Act, 1899, stamp duty is payable on every instrument (other than a bill of exchange or promissory note) mentioned in the Schedule, which, not having been previously executed by any person, is executed out of India on or after that day, relates to any property or to any matter or thing done or to be done to be used in India, the power of attorney is liable to stamp duty under the Indian Stamp Act. The Supreme Court impounded the document under Section 33 of the said Act and required the petitioner to deposit stamp duty worth Rs. 10 plus the maximum penalty of ten times as provided in Section 40()(b) and the Registrar was directed to put his stamp on the challan to be produced by the petitioner, and make an endorsement on the document showing that it was impounded and duty and penalty has been paid.

(2.) Under Section 33 of the said Act, every person having by law or consent of parties authority to receive evidence and every person in charge of a public office, except an officer of police, before whom any instrument, chargeable, in his opinion, with duty, is produced or comes in the performance of his functions shall/if it appears to him that such instrument not duly stamped, impound the same.

(3.) It is, therefore, clear that even when an instrument chargeable to duty but not duly stamped is produced before this Tribunal, this Tribunal can impound such instrument under the provisions of Section 33 of the said Act. We, accordingly, impound the said power of attorney under Section 33 of the Indian Stamp Act, 1899 and direct the appellant to deposit stamp duty worth Rs. 10/ -plus maximum penalty of ten times as provided under Section 40(1)(b). The total stamp duty and penalty liable to be deposited will be Rs. 110/ -. The appellant will deposit Rs. 110/ - and produce the receipt/challan with the endorsement of payment to the treasury. Thereafter, the Registrar will place endorsement on the document to the effect that it was impounded as per this order and that the appellant has paid stamp duty of Rs. 10/ - and penalty of Rs. 100/ -, total sum of Rs. 110/ - with the treasury under the receipt/challan with its number and date. ORDER