Section 39(1)(b) in The Maharashtra Stamp Act, 1958
(b)if he is of opinion that such instrument is chargeable with duty and is not duly stamped he shall require the payment of the proper duty or the amount required to make up the same, together with a penalty of [an amount equal to [2 per cent of the deficient portion of the stamp duty, for every month or part thereof] [This portion was substituted for the words 'five rupees; or, if he thinks fit, an amount not exceeding ten times the amount of the property duty or of the deficient portion thereof, whether such amount exceeds or fails short of five rupees' by Maharashtra 9 of 1997, Section 11, (w.e.f. 15.9.1996).] from the date of execution of the instrument subject to the payment of a minimum penalty of rupees one hundred]: