Law:

Section:

(a) Stamp Act (II of 1899)--- ----Ss. 2(24) & 2(10)---Term "settlement"---Application---"Conveyance"--­Defmition---Term "settlement" applies only to such transactions where the executant divests himself of movable or immovable property in consideration of marriage or for distributing the property among his family/dependents or for religious purposes and where no monetary benefit accrues to the settler/executant in consideration for the settlement---Where a charitable trust had acquired property as vendee and the documents had been executed in consideration of money received by the vendors/executants, such transaction would not fall within the category of "settlement" as defined in S.2(24) of the Stamp Act, 1899 but would fall within the ambit of "conveyance" as defined in S.2(10) of the Stamp Act.--[Words and phrases]. The Chief Controller, Revenue 'Authority v. Dr. Peshoton Dubash PLD 1960 (WP) Kar. 116 distinguished. (b) Stamp Act (II of 1899)--- ----Preamble & Ss.2(24) & 2(10)---Written instrument---Nature---In case of a written instrument regarding a transaction the substance and not the form should be looked into for the purpose of determining its true nature--­Contention that hardship would be caused to a charitable trust as it had agreed to pay the stamp duty on the deeds, was repelled, for contractual liability for payment of stamp duty assumed by the said trust would not transform the instruments which were "conveyance" on sale into "settlement" nor could the charitable trust be absolved from the responsibility of payment of proper stamp duty on that ground. Civil Aviation Authority v. M/s. Data International (Data Baggage House), Karachi PLD 1993 Kar. 700 ref. (c) Administration of justice--- ---- Province of the Courts is confined to ascertaining the law and to applying it to the facts of each particular case---Courts are not to judge the consequences of the application of the law or the hardship resulting in any case or class of cases. A & B Food Industries v. Commissioner of Income Tax/Sales, Karachi 1992 SCMR 663 and The Commissioner of Agricultural Income Tax v. B.W.M. Abdur Rehman, Manager, Taki Bara Taraf Wards Estate 1973 SCMR…

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