CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 30 September 2011
Payment of Stamp Duty made optional in the State of National Capital Terrritory of Delhi
The Ministry of Corporate Affairs has made the payment of stamp duty optional for the increase of authorized share capital being paid with e-form 5 with respect to State of National Capital Territory of Delhi only and the e-form 5 has been revised to give this effect vide Notification dated September 23, 2011.
The Ministry has issued this circular in pursuant to the Order of the the Hon'ble High Court of Delhi held in the matter of S E Investments Limited Vs Union of India and Others [W.P. (c) 2393/2010 and CM Appl.4794/2011] stating that there is no provision in the Delhi Stamp Act for payment of stamp duty on "increased authorised capital". The said notifiaction has been made effective from September 25, 2011.