Section 28:
Power to exempt from income-tax, stamp-duty and registration-fees.
4
(1) The Central
Government, by notification5
in the Official Gazette, may, in the case of any registered society or class of
registered society, remit 6
*** the income-tax payable in respect of the profits of the society, or of the
dividends or other payments received by the members of the society on account of profits;
7
* * * * *
8
(2) The 9
Government, by notification in the Official Gazette, may, in the case of any registered
society or class of registered society, remit—
(a) the stamp-duty with which, under any law for the time being in force, instruments executed by
or on behalf of a registered society or by an officer or member and relating to the business of such
society, or any class of such instruments, are respectively chargeable, and
(b) any fee payable under the law of registration for the time being in forced
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In this sub-section “Government” in relation to stamp-duty in respect of bills of exchange, cheques,
promissory notes, bills of lading, letters of credit, policies of insurance, 11
transfer of shares, debentures,
proxies and receipts, and in relation to any stamp-duty falling within 12
entry 96 in List I in the Seventh
Schedule to 13
the Constitution, means the Central Government, and save as aforesaid means the State
Government.14
Notes:
4. S. 28 renumbered a sub-section (1) of that section by Act 38 of 1920, s. 2 and the first Schedule, Pt. I. The whole of this Act,
with the exception of—
(a) Sub-section (1) of section 28, and
(b) Sub-section (2) of section 28, so far as it relates to the stamp-duties specified in the second paragraph thereof, has been
repealed in Bengal by the Bengal Co-operative Societies Act, 1940 (Ben. 21 of 1940), s. 3 and the first Schedule.
5. For notifications under this section, see Gazette of India, 1914, Pt. I, p. 994.
6. The brackets and letter “(a)” omitted by Act 38 of 1920, s. 2 and the first Schedule, Pt. I.
7. Clauses (b) and (c) omitted by s. 2 and the first Schedule, Pt. I, ibid.
8. Added by Act 38 of 1920, s. 2 and the first Schedule Pt. I.
9. Subs. by the A. O 1937, for “L.G.”
10. Added, ibid.
11. Ins. by the A.O. 1950.
12. Subs., ibid., for “Item 59”.
13. Subs., ibid., for “the Government of India Act, 1935”.
14. For s. 28A ins. in the U.P., see the Co-operative Societies (U.P. Amendment) Act, 1944 (U.P. 1 of 1944) as continued in force
by the U.P. Expiring Laws Continuance Act, 1948 (U.P. 13 of 1948).