Notification on Stamp Duty
This query is : Resolved
04 February 2011
Friends
Can anyone provide the Notification no. 13 dated December 25, 1937 for exemption of stamp duty in certain cases.
Regards
Rishi
Can anyone provide the Notification no. 13 dated December 25, 1937 for exemption of stamp duty in certain cases.
Regards
Rishi
05 February 2011
Pl see www.lawyersclubindia.com/.../55_notification_no_1_dated_16_1_1937.doc
05 February 2011
Sir
Thanks so much. But the link is not working, may be due to technical issues. Please could you help me out by providing the said notification.
Regards
Rishi
Thanks so much. But the link is not working, may be due to technical issues. Please could you help me out by providing the said notification.
Regards
Rishi
05 February 2011
“Notification no. 1 dated the 16th January, 1937.
No. 1 – In exercise of the powers conferred by clause (a) of section 9 of the Indian Stamp Act, 1899 (II of 1899), the Governor General in Council is
pleased to remit the stamp duty chargeable under articles 23 and 62 of Schedule I to the said Act on instruments evidencing transfer of property
between companies limited by shares as defined in the Indian Companies Act, 1913, in cases –
(i) where at least 90 per cent of the issued share capital of the transferee company is in the beneficial ownership of the transferor company, or,
(ii) where the transfer takes place between a parent company and a subsidiary company one of which is the beneficial owner of not less than 90 per cent of the issued share capital of the other, or
(iii) where the transfer takes place between two subsidiary companies of each of which not less than 90 per cent of the share capital is in the beneficial ownership of a common parent company.
Provided that in each case a certificate is obtained by the parties from the officer appointed in this behalf by the local Government concerned that
the conditions above prescribed are fulfilled.”
This notification was superseded by a subsequent notification bearing no. 13 which is dated 25th of December, 1937. The copy of the notification placed before the court reads as follows :-
“ N o. 1 3. dated the 25 th of December, 1937
In exercise of the powers conferred by clause (a) of section 9 of the Indian Stamp Act, 1899 (II of 1899), and in supersession of all previous notifications issued from time to time under the said clause of the said section in so far as they relate to the Province of Delhi (hereinafter referred to as the said Province) except the notification of the Government of India in the Finance Department (Central Revenue) No. 6 – Stamps, dated the 14th August, 1937, the Central Government is pleased to reduce, to the extent set forth in each case, the duties chargeable in the said Province under the said Act in respect of the instruments hereinafter described under Nos. 4, 15, 30, 39, 40 [43, 49, 56 and 57] and to remit the duties so chargeable in respect of instruments of the other classes hereinafter described:-
xxx xxx
K.OTHER DOCUMENTS
xxx xxx
55. Instrument evidencing transfer of property between companies limited by shares as defined in the Indian Companies Act, 1913, in a case where
(i) at least 90 per cent. F the issues share capital of the transferee company is in the beneficial ownership of the transferor company, or,
(ii) where the transfer takes place between a parent company and a subsidiary company one of which is the beneficial owner of not less than 90 per cent. Of the issued share capital of the other, or (iii) where the transfer takes place between two subsidiary companies of each of which not less than 90 per cent of the share capital is in the beneficial ownership of a common parent company:
Provided that a certificate is obtained by the parties to the instrument from the officer appointed in this behalf by the Chief Commissioner of Delhi that the conditions above prescribed are fulfilled.”
The Delhi High Court held as under:
16. Finding
16.1. The objections raised by learned counsel for the respondent to the applicability of the notification are therefore legally untenable and cannot be sustained.
16.2 It is held that the notification dated 25th of December, 1937 is applicable and binding.
No. 1 – In exercise of the powers conferred by clause (a) of section 9 of the Indian Stamp Act, 1899 (II of 1899), the Governor General in Council is
pleased to remit the stamp duty chargeable under articles 23 and 62 of Schedule I to the said Act on instruments evidencing transfer of property
between companies limited by shares as defined in the Indian Companies Act, 1913, in cases –
(i) where at least 90 per cent of the issued share capital of the transferee company is in the beneficial ownership of the transferor company, or,
(ii) where the transfer takes place between a parent company and a subsidiary company one of which is the beneficial owner of not less than 90 per cent of the issued share capital of the other, or
(iii) where the transfer takes place between two subsidiary companies of each of which not less than 90 per cent of the share capital is in the beneficial ownership of a common parent company.
Provided that in each case a certificate is obtained by the parties from the officer appointed in this behalf by the local Government concerned that
the conditions above prescribed are fulfilled.”
This notification was superseded by a subsequent notification bearing no. 13 which is dated 25th of December, 1937. The copy of the notification placed before the court reads as follows :-
“ N o. 1 3. dated the 25 th of December, 1937
In exercise of the powers conferred by clause (a) of section 9 of the Indian Stamp Act, 1899 (II of 1899), and in supersession of all previous notifications issued from time to time under the said clause of the said section in so far as they relate to the Province of Delhi (hereinafter referred to as the said Province) except the notification of the Government of India in the Finance Department (Central Revenue) No. 6 – Stamps, dated the 14th August, 1937, the Central Government is pleased to reduce, to the extent set forth in each case, the duties chargeable in the said Province under the said Act in respect of the instruments hereinafter described under Nos. 4, 15, 30, 39, 40 [43, 49, 56 and 57] and to remit the duties so chargeable in respect of instruments of the other classes hereinafter described:-
xxx xxx
K.OTHER DOCUMENTS
xxx xxx
55. Instrument evidencing transfer of property between companies limited by shares as defined in the Indian Companies Act, 1913, in a case where
(i) at least 90 per cent. F the issues share capital of the transferee company is in the beneficial ownership of the transferor company, or,
(ii) where the transfer takes place between a parent company and a subsidiary company one of which is the beneficial owner of not less than 90 per cent. Of the issued share capital of the other, or (iii) where the transfer takes place between two subsidiary companies of each of which not less than 90 per cent of the share capital is in the beneficial ownership of a common parent company:
Provided that a certificate is obtained by the parties to the instrument from the officer appointed in this behalf by the Chief Commissioner of Delhi that the conditions above prescribed are fulfilled.”
The Delhi High Court held as under:
16. Finding
16.1. The objections raised by learned counsel for the respondent to the applicability of the notification are therefore legally untenable and cannot be sustained.
16.2 It is held that the notification dated 25th of December, 1937 is applicable and binding.
08 February 2011
Thanks so much Mr. Warrier.
Regards
Rishi
Regards
Rishi
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