- [(1) When an instrument, whether executed or not and whether previously stamped or not, is brought to the Collector, [by one of the parties to the instrument and such person] [Sub-section (1) was substituted for the original by Maharashtra 13 of 1974, Section 3, (w.e.f. 1-5-1974).] applies to have the opinion of that officer as to the duty (if any) with which [or the Article of Schedule I under which] [These words were inserted by Maharashtra 27 of 1985 Section 17(a) (w.e.f. 10.12.1985).] it is chargeable and pay [a fee of one hundred rupees] [These words were substituted for the words 'a fee of fifty rupees' by Maharashtra 22 of 2001, Section 2(a), (w.e.f. 1.5.2001).] the Collector shall determine the duty (if any) with which [or the Article of Schedule I under which] [These words were inserted by Maharashtra 27 of 1985, Section 17(a) (w.e.f. 10.12.1985).] in his judgment, the instrument is chargeable].(2)For this purpose the Collector may require to be furnished with [a true copy or] [These words inserted by Maharashtra 27 of 1985, Section 17(b)(i), (w.e.f. 10.12.1985).] an abstract of the instrument, and also with such affidavit or other evidence as he may deem necessary to prove that all the facts and circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein and may refuse to proceed upon any such application until [such true copy or abstract] [These words were substituted for the words 'such abstract' by Maharashtra 27 of 1985, Section 17(b)(ii), (w.e.f. 10-12-1985).] and evidence have been furnished accordingly:Provided that,-(a)no evidence furnished in pursuance of this section shall be used against any person in any civil proceeding, except in any inquiry as to the duty with which the instrument to which it relates is chargeable; and(b)every person by whom any such evidence is furnished shall, on payment of the full duty with which the instrument to which it relates is chargeable, be relieved from any penalty which he may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid.(3)[ Where the Collector acting under sub-sections (1) and (2) is not the Collector of the District and if he has reasons to believe that the market value of the property, which is the subject matter of the instrument, received by him for adjudication, has not been truly set forth therein, [he shall, for the purpose of assessing the stamp duty, determine the true market value of such property, as laid down in the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995.] [Sub-section (3) was added by Maharashtra 16 of 1979, Section 6, (w.e.f. 4-7-1980).] ](4)[ When an instrument is brought to the Collector for adjudication,-(i)within one month of the execution or first execution of such instrument in the State; or(ii)if, such instrument is executed or first executed, out of the State, within three months from the date of first receipt of such instrument in this State,the person liable to pay the stamp duty under section 30 shall pay the same within sixty days from the date of service of the notice of demand in respect of the stamp duty adjudicated by the Collector. If such person fails to pay the stamp duty so demanded within the said period, he shall be liable to pay a penalty at the rate of two per cent of the deficient portion of the stamp duty, for every month or part thereof, from the date of execution of such instrument, or as the case may be, date of the first receipt of such instrument in the State] [Sub-section (4) was added by Maharashtra Tax Laws (Levy, Amendment and Validation) Act , 1997, Maharashtra 30 of 1997, Section 2(b), (w.e.f. 15-5-1997).][Provided that, in no case, the amount of the penalty shall exceed double the deficient portion of the stamp duty.] [This proviso was added by Maharashtra 22 of 2001 Section 2(b), (w.e.f. 1-5-2001.]
