Karan Ramchandani (Company Secretary) (72 Points)
29 April 2010Hi,
For paying a stamp duty of Rs. 200/-, is it necessary to have the stamp papers of Same date & same serial number?
can we use the stamp papers of different dates and serial number for a single document requiring stamp duty of Rs. 200/- ?
Please mention the source/link or the case law if any.
Regards
Karan Ramchandani
CS Jithesh (ACS,)
(COMPANY SECRETARY )
(485 Points)
Replied 29 April 2010
Normally if you are paying any stamp duty on any agreement or deed it should be in th eform of Stamp paper or franking. If the stamp duty is for share transfer, you have to do it with Sub reistrar and they will cancel the stamps for which you are paying. If it is for MoA And AoA, you can have stamp papers, but the same canalso be done through online while uploading.
Normally the stam date should be the date before or on the date of execution of such document not after execution
With Best Regards
CS Jithesh
Karan Ramchandani
(Company Secretary)
(72 Points)
Replied 29 April 2010
Hi,
I want to pay a stamp duty of Rs. 200/- on agreement and through a stamp paper.
the date of execution will be a later date, but i wanted to know whether i can use 2 Stamp papers of Rs. 100/- (each) with different serial numbers and date (on the stamp paper) ?
also, for information, the stamp duty on MOA & AOA is mandatorily payble online from 1st April 2010 and the stamp paper cannot be used for the same.
Regards
Karan Ramchandani
CS Jithesh (ACS,)
(COMPANY SECRETARY )
(485 Points)
Replied 29 April 2010
You can use stam papers at different dates provided before execution and more over you are right that the same can only be done online in case of MoA and AoA. But you cannoy have stam papers of differnt states as the Stamp duty is each state residuary income.
Yes, 2 diifferent date and serial no. stamp paper can be used.
But, both the stamp paper's date must of before the execution.
e.g. if the date of the execution is of today
then u can use stamp paper of any back date.
-------------------------------------------
If you need further clarification than contact me
CS Ankur Shah (Practicing Company Secretary)
“Guru Gautam” Bungalow, Inside Parshwa Tower,
Nr. Shyamal Cross Road, 132ft. Ring Road,
Satellite, Ahmedabad – 15
Contact: + 91-9427633901
E-mail: ankur @ csankur.com, ankurjewel @ gmail.com
Blog: csankur.blogspot.com
Website: www.csankur.com
Karan Ramchandani
(Company Secretary)
(72 Points)
Replied 30 April 2010
So, in that case,
Is there any specific reason why we normally ask for stamp papers of same serial number for a single document (requiring more then one stamp paper) ?
What is the relevance of the serial number ?
Regards
Karan
CS Jithesh (ACS,)
(COMPANY SECRETARY )
(485 Points)
Replied 30 April 2010
Serial No of Stamp papers are the reference no for that particular stamp paper which issued by the state governments. when you go and purchase stamp papers, they will enter the details in the register in that they will note the serial No and more over if you are going for notarisation, they may also consider the serial no of stamp paper .
If there is no serial no anybody can issue stamp paper. the concept of serial no is for reference and evidence purpose. It is nothing related in execution of docs in stamp paper. It is for govt purpose.
This is my view.
Kindly rectify if I am wrong.
Nidhi Thakkar
(CS Trainee.)
(59 Points)
Replied 03 January 2011
it is compulsory to pay stamp duty in the same state??? or it can be paid in different state?
CAclubindia
