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.
Mentioned below in this article, are some of the FAQs answered by the Ministry of Corporate Affairs.
1. Please specify the services for which Stamp Duty can be paid through MCA21 system?
Ans. Stamp Duty applicable on filing of e-formSPICe (including MOA & AOA), SH-7 and FC-1 shall be electronically paid through MCA21 system. A person applying for certified true copy is also required to pay stamp duty through MCA21 portal.
2. Am I required to fill the details of stamp duty in eform manually?
Ans. No, when user selects option to pay stamp duty through MCA21 system, the system itself prefills relevant details in the eform. In case user is allowed to and opts for paying stamp duty in physical manner, details of the same shall have to be provided in the eForm by the user.
3. Can I pay Stamp Duty in electronic manner with respect to all States / UTs?
Ans.In case of Stamp duty applicable on filing of form SPICe (including MoA, AoA), SH-7 and FC-1, this shall be mandatory that amount is paid through MCA21 portal electronically except in case of Sikkim state where the company is having registered office place or proposed company would have.
4. Whether payment of stamp duty through MCA21 system is Mandatory?
Ans.With effect from 1st April, 2010, stamp duty shall have to be paid only through electronic mode for the states which have agreed for e-stamping. 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.
5. What are the modes of payment of stamp duty electronically through MCA21 system?
Ans. Stamp duty can be paid through MCA21 system with any of the option such as net banking, credit card, debit card, NeFT or offline with banks.
6. Whether Challan of MCA21 service fee shall include details of stamp duty also in case of off line mode?
Ans. There shall be a separate SRN and challan for stamp duty, in addition to SRN and challan for MCA21 services.
7. What shall be the validity of challan for payment of stamp duty?
Ans. Validity of challan for payment of stamp duty shall be the same as that of the challan for MCA21 service fees.
8. In whose favor should I draw the cheque / DD to pay the stamp duty in case an offline challan has been generated?
Ans. An Information note has been provided on the challan of stamp duty regarding payment of stamp duty. Please refer to the same.
9. What is the procedure to pay for the challan generated for stamp duty?
Ans. Challan generated for stamp duty is to be paid in the same manner as offline challan for MCA21 services fees is deposited in an authorized bank.
10. Is it necessary to pay both the challans (i.e. challans for stamp duty and for MCA21 service fees) simultaneously?
Ans. It is not necessary to pay these two challans simultaneously but these should be paid within the validity period mentioned on the challan. It is suggested to make payment of both of these challans simultaneously as processing of the eForm shall not start unless both of these i.e. the MCA21 Service fees and stamp duty is paid and payment is confirmed.
11. What shall be the consequences if payment is deposited for only one challan?
Ans.In such a case system will wait for payment till the validity of pending challan and transaction will get cancelled thereafter, if not paid.
12. Transaction status of my SRN is 'Waiting for payment of stamp duty fees'. What should I do?
Ans. Please ensure that applicable stamp duty for the eform filed by you has been paid.
13. If Transaction is cancelled due to non- payment of one challan, Can I claim refund of amount already paid for the corresponding second challan?
Ans.Refund of stamp duty, if any, will be processed by the government of respective State / UT in accordance with the rules and procedures as per the State / UT Stamp Act.
14. What if amount of stamp duty is in decimal?
Ans. System will round it up to the higher rupee amount.
15. Whether I shall get itemized details of stamp duty also in case of online mode of payment?
Ans. Yes, user has to pay MCA21 service fees first, after successful payment of the same, system will direct the user to the screen containing itemized details of stamp duty. There user can find link for payment of stamp duty and to view receipt for MCA21 services fees.
16. If I have paid MCA21 service fees using online mode of payment, is it necessary to pay stamp duty also through online mode of payment?
Ans. No, when MCA21 service fees has been paid online, user may opt to pay stamp duty either online or offline.
17. Is it necessary to pay stamp duty immediately after the payment of MCA21 services fees, where online mode of payment is opted?
Ans. No, stamp duty can be paid later on also, using "Pay Stamp Duty Fees" facility.
18. Where can I find the 'Pay Stamp Duty Fees'facility?
Ans. 'Pay Stamp Duty Fees'facility has been provided under the tab 'Services'available after login on MCA21 Portal.
19. What are the usages of 'Pay Stamp Duty Fees'facility?
Ans. This function has been given for two purposes:
1. In case customer does not proceed for payment of stamp duty immediately after payment of MCA21 service fees online, he/she can pay stamp duty later on using 'Pay Stamp Duty fees'facility.
2. In case any deficiency has been found in the amount of stamp duty paid earlier, the balance amount of stamp duty can be paid using 'Pay Stamp Duty Fees'facility.
20. Is there any time limit till when I can use 'Pay Stamp Duty Fees'facility?
Ans. This facility shall be available as per the validity of challan generated for MCA21 service fees. In case user has opted for on-line payment of MCA21 service fees, "Pay Stamp Duty Fees" facility shall be available till the date as the date of validity of challan had user opted for off-line mode of payment for payment of MCA21 service fees.
21. I have opted for payment of stamp duty on-line through MCA21 system, do I still need to submit any physical document to the concerned RoC office?
Ans. No, in such case there is no need to file any physical document to the concerned RoC office.
22. I have already paid stamp duty using MCA21 system for one particular State/UT but now I have realized that State / UT selected by me was incorrect, can I request for change in particulars of State / UT so that the amount paid can be adjusted to the credit of appropriate State / UT?
Ans. No, request for change in particulars of State / UT is not maintainable subsequent to payment of stamp duty through MCA21 system.
23. Can I use this facility to pay stamp duty in electronic manner for payment of stamp duty for services other than that of MCA21 system?
Ans. No, the process of payment of stamp duty through MCA21 system is applicable to the filing of eformSPICe (including MOA & AOA), SH-7 and FC-1 only. Further the same is applicable for service to get the certified copies of documents available on MCA21 system.
24. If I have opted to pay stamp duty through MCA21 system, do I still need to visit stamping authorities?
Ans. No, if user pays stamp duty through MCA21 system, there is no need to visit stamping authorities.
25. If I inspect documents of companies using 'View Public Documents'facility on MCA21 Portal, can I distinguish whether company has paid stamp duty through electronic mode or through physical stamp paper?
Ans. Yes, in case stamp duty has been paid through physical stamp paper, the same shall be available for inspection in case the scanned image of the same was filed as an attachment to the eform. And in case electronic mode of payment of stamp duty has been opted, an acknowledgement of stamp duty paid shall be found appended in the beginning of MoA&AoA, in case of other e-forms the stamped impression will be there in the 'For office use' column when the user shall inspect the eform.
26. Where can I find rules / rates related to stamp duty?
Ans. Please refer to the 'Rates of Stamp Duty' under 'Help&Faqs' tab available on the home page of MCA21 Portal.
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