The Chief Controlling Revenue Authority, the Board of Revenue, Madras, has referred to us, for our decision, under section 57 of the Indian Stamp Act, about the correct classification, for the purpose of levy of Stamp Duty under the Indian Stamp Act, of an instrument. The specific question propounded to us for decision is whether the instrument, dated 20th March, 1965 (deed of dissolution of partnership) operates both as a deed of dissolution of partnership and a deed of partition.

Under Article 45 of Schedule I to the Stamp Act, for an instrument of partition as defined by section 2 (15) of the Act, the stamp duty leviable is the same as on a Bond for the amount of the value of the separated share or shares of the property. Under Article 46 of the same Schedule, an instrument of dissolution of partnership has to be levied stamp duty of a fixed sum of Rs. 20 in Madras State. Section 5 of the Indian Stamp Act provides that any instrument comprising or relating to several distinct matters shall be chargeable with the aggregate amount of the duties with which separate instruments, each comprising or relating to one of such matters, would be chargeable under the Act. In