Certificate of adjudication by Commissioner
38.—(1)  When an instrument brought to, or a copy of which sent to, the Commissioner under section 37 is in his opinion one of a description chargeable with duty, and —
(a)the Commissioner determines that it is already fully stamped; or
(b)the duty assessed by the Commissioner under section 37, or such a sum as, with the duty already paid in respect of the instrument, is equal to the duty so assessed, has been paid,
the Commissioner shall certify by issuing and attaching to the instrument a certificate of adjudication, stating that the full duty, with which it is chargeable, has been paid.
[33/99]
[Act 37 of 2018 wef 04/10/2018]
(2)  Subject to subsection (2A), when the instrument is in the opinion of the Commissioner not chargeable with duty or with full duty, the Commissioner shall certify in the manner mentioned in subsection (1) that the instrument is not so chargeable.
[28/2010 wef 01/04/2010]
(2A)  Where the instrument is one referred to in section 15A(1), the Commissioner may base his opinion on a statutory declaration in such form as he may direct, made by or on behalf of the target company, the acquiring company or the acquiring subsidiary, or all of them, referred to in that provision, and such further evidence as he considers necessary.
[28/2010 wef 01/04/2010]
(3)  Any instrument in respect of and to which a certificate of adjudication has been issued and attached under this section shall be deemed to be duly stamped or not chargeable with duty, as the case may be; and, if chargeable with duty, shall be receivable in evidence or otherwise and may be acted upon and registered as if it had been originally duly stamped.
[33/99]
(4)  Nothing in this section shall be deemed to require the Commissioner to certify that the full duty with which an instrument is chargeable has been paid —
(a)unless any penalty chargeable in respect of the instrument under this Act has been paid; or
(b)if the instrument cannot by law be stamped.