02 April 2010
I have already paid stamp duty on Form No 5 by way of Franking in the month of March 2010 and now I want to upload Form No 5 on MCA Portal whereas the portal is intimating for payment of e-stamp duty. Plz suggest, how should I file Form No 5 with MCA Portal???
Kindly go through the following:- All stakeholders are hereby informed that the provisions regarding stamp duty payment on Form No. 1, Memorandum of Association, Articles of Association, Form No. 5 and Form No. 44 electronically, at the time of their e-filing through MCA portal (www.mca.gov.in) in respect of the States and Union Territories mentioned below, shall be mandatory with effect from 01st April 2010. Please refer Notifications Number GSR 642(E) and SO 2276(E) dated 07-09-2009 and SO 3314(E) dated 31-12-2009 issued by the Ministry.
List of States and Union Territories
Andaman and Nicobar Islands, Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Delhi, Gujarat, Haryana, Jharkhand, Karnataka, Kerala, Lakshadweep, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Orissa, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh, Uttarakhand and West Bengal.
Please select 'No' for column 11(b). Provide details of stamp duty already paid in column 11(b)(i) and (ii). Rest of the procedures as usual including submission of original stamped physical copy of the uploaded e-form 5 to the jurisdictional ROC.
03 April 2010
To Shri Ankur Sir and Shri B.C. Warrier Sir
Sir, I tried uploading the form by selecting the "no" option and filling in the required details of 11(b)(i) &(ii). Yet the message I recd from MCA portal while uploading was "Plz Click either 'Yes' or 'NA' in the column 11(b) and upload the form again".
Further I found the following stuff on MCA Portal FAQs regarding e-stamp duty:
"32. I have generated the challan of Form 1 and paid the stamp duty through physical mode, but somehow I can not make the payment of challan on time. While uploading new Form 1 after the expiry of previous challan, whether e-stamping will be mandatory after 1st April, 2010? If yes, then what shall happen to the stamp duty already paid through physical mode?
ANS: Yes, eStamping shall be mandatory w.e.f 1st April 2010. Refund of stamp duty paid through physical mode will be processed by the government of respective State / UT in accordance with the rules and procedures as per the State / UT Stamp Act. .
33. I have already purchased stamp papers. What will be the course of action after mandating of eStamping from 1st April, 2010?
ANS: In such cases, refund of already purchased stamp papers will be processed by the government of respective State / UT in accordance with the rules and procedures as per the State / UT Stamp Act
03 April 2010
Sir I have also read that FAQ but while answering it didn't come to my mind. Thanks for updation. Now the course of action is the used stamp papers my be got canceled as well as to pay e-stamp duty. In my state, an application has to be submitted to the District collecter to cancell the used Stamp paper and to get refund of the stamp paper value. Like wise your state will have a procedure. Pl enquire and act accordingly.
04 April 2010
Thanks a lot Mr. Warrier for updating my knowledge in this area.
I have gathered the information from the website under the head"E Stamp-New" which is as follows. eStamp
Registrars of Companies have to ensure that proper stamp duty is paid on the instruments registered with their office. As of now, physical submission of documents is mandatory where stamp duty is levied in order to ascertain that applicable stamp duty has been paid. In the present scenario, even though the eForm is submitted instantly, the RoC office has to wait for receipt of physical stamp papers to initiate necessary processing. It results in service delivery time getting longer. Hence, in furtherance of e-governance initiatives, provisions regarding stamp duty applicable on filing of e-forms have been amended and stakeholders shall have facility to pay stamp duty in electronic manner also. As of now, this process shall cover Form 1(including MoA, AoA), Form 5 and Form 44 only, accordingly revised eforms are being introduced w.e.f. 12.09.2009. These provisions shall be applicable to the eforms filed subsequent to this amendment. In case eforms filed earlier are 'Resubmitted' after implementation of this change, e-stamp shall not be applicable.
Keeping in view the requirement of stakeholders awareness, process of e-stamp has not been made mandatory, meaning thereby, stakeholders have option to pay stamp duty in electronic manner through MCA21 system or in physical form as per the existing procedure.Further this process shall be applicable only to such States/Union Territories which have agreed to the request of Ministry of Corporate Affairs for collection of e-stamp duty on their behalf.
List of eForms to which eStamping will be applicable
* Form 1, (including MoA, AoA) * Form 5 * Form 44 * Form 67
I have given the answer based on the above clarification which still applies to some states.Anyway thanks a lot.
CAclubindia
