stamp duty on patent assignment in maharashtra

Search bar.

Legal Queries
Files
Online Law Courses
Lawyers Search
Legal Dictionary
The Indian Penal Code
Juvenile Justice
Negotiable Instruments
Commercial Courts Act
The 3 New Criminal Laws
Matrimonial Laws
Data Privacy
Court Fees Act
Commercial Law
Criminal Law
Procedural Law
The Constitutional Expert
Matrimonial
Writs and PILs
CrPC Certification Course
Criminal Manual
Execution U/O 21
Transfer of Property
Domestic Violence
Muslim Laws
Indian Constitution
Arbitration
Matrimonial-Criminal Law
Indian Evidence Act
Live Classes
Writs and PIL

Share on Facebook
Share on Twitter

Share on LinkedIn

Share on Email

Gayatri P Man (Not Applicable) --> 24 August 2016

Stamp duty for assigning/licensing ipr

stamp duty on patent assignment in maharashtra

7 Replies

adv.bharat @ PUNE (Lawyer) --> 25 August 2016

What kind of assignement deed it is?

As per my knowledge ther is no such stamp duty for IPR.

For license agreemnt there is stamp duty & registration charges it is calculated as Total rent+ Deposit X 0.025.

If u like my solution then give THANKS on my profile.

Ms.Usha Kapoor (CEO) --> 02 September 2016

Dear Client,

As far as copy right is copncerned stamp duty is completely exempted according to Article 25 of Schedule 1 of Bombay stamp Act. Regarding Patents and Trade Marks the stamp duty payable depends on the amopunt of consideration exchnged bwetween th eseller and buyer of the sale/purchase of Patent/Trade Mark.Regarding Licence Agreements of IPRs you contacxt the concerned District Collector as to applicable rates of stamp duty for Licensing Agreements of IPR transactions.

As far as copy right is copncered stamp duty is completely exempted according to Article 25 of Schedule 1 of Bombay stamp Act. Regarding Patents and Trade Marks seller and buyer/Assignor/ Assignee of the sale/purchase of Patent/Trade Mark.Regarding Licence Agreements of IPRs you contacxt the concerned District Collector as to applicable rates of stamp duty for Licensing of IPR transactions.

As far as copy right is copncerned stamp duty is completely exempted according to Article 25 of Schedule 1 of Bombay stamp Act. Regarding Patents and Trade Marks the stamp duty payable depends on the amount of consideration exchnged bwetween the /Assignor/Assignee seller and buyer of the sale/purchase of Patent/Trade Mark.Regarding Licence Agreements of IPRs you contact the concerned District Collector as to applicable rates of stamp duty for Licensing Agreements of IPR transactions.

Ms.Usha Kapoor (CEO) --> 24 September 2016

Assignment of copyright

Assignment of copyright has to be in writing and signed by the assignor or by his duly authorised agent. Copyright consists of a bundle of different rights in the same work, which can be assigned either as a whole to one party or separately to different parties.

· The deed of assignment must specify the `rights assigned’, the duration and territorial extent of assignment, and the royalty payable, if any. When duration of assignment is not specified, it is presumed to be for five years and when territorial extent is not specified, it is presumed to extend within India. (Section 19, Copyright Act, 1957)

· An assignment of a Copyright is exempted from Stamp Duty. (Article 25 of Schedule I of the Bombay Stamp Act, 1958).

The above provisions apply both to registered and unregistered copyright. Apart from the above requirements, in case of registered copyright, the following additional steps also have to be taken.

Registered Copyright

Assignee has to make an application for registration of changes in the particulars of copyright entered in the Register of Copyrights in Form V under Rule 16 of Copyright Rules, 1958 to be delivered by hand or registered post. Attested copies of the deeds of assignments should be enclosed with the application.

Gayatri P Man (Not Applicable) --> 01 March 2017

@ adv.bharat @ PUNE and @ Ms.Usha Kapoor Thanks for your reply.

I am looking for the stamp duty on the licensing agreement for licensing patent-rights in Maharashtra.

Your are not logged in . Please login to post replies Click here to Login / Register

Related Threads

Popular Discussion

Transfer of undivided share through gift
liability of legal heir
Summer vacation salary
2 cases at different locations for same
unregistered partition deed
Release deed
Property transferred without consent of
Rectification of injustices done in 1997
Arbitrary fines being leived by educatio
apartment owners association

Member Strength 9,47,227 and growing..

Download LCI APP

Our Network Sites

We are Hiring
Terms of Service
Privacy Policy

Lawyersclubindia Search

Whatsapp groups, login at lawyersclubindia.

Alternatively, you can log in using:

OUR PROFESSIONALS
DATA PRIVACY

Decoding Indian Stamp Duty Requirement for IP instruments

As per the Indian Law, stamp duty is payable on every instrument [1] . It is an indirect tax paid to the government. The Indian Stamp Act, 1899 (2 of 1899) was enacted to consolidate and amend the law relating to stamps. It extends to the whole of India.

The Indian Stamp Act, 1899 (2 of 1899) is a fiscal statute prescribing the rates of Stamp Duty as specified in Entry 91 of List-I (Union list) of the Seventh Schedule to the Constitution of India List (viz. Bills of Exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts) The States are empowered under Entry 63 of List-II (State list) of the Seventh Schedule to the Constitution of India to prescribe the rate of stamp duty on instruments other than the instruments specified in Entry 91 of Union list.

The Indian Stamp Act, 1899 is a Central enactment and the state have the powers to adopt the Indian Stamp Act, 1899 with amendment to same, to suit the transaction peculiar to each state. Accordingly certain states have introduced Schedule 1 to the Indian Stamp Act, 1899 being the stamp duty payable in each state. State such as Maharashtra (The Bombay Stamp Act, 1958), Gujarat (The Gujarat Stamp Act, 1958), Karnataka (The Karnataka Stamp Act, 1957), Kerela (The Kerela Stamp Act, 1959) and Rajasthan (The Rajasthan Stamp Act, 1998) have their separate Stamp Act, while many State follows the Indian Stamp Act, 1899 [2] .

There are mainly two types of stamp paper.

Judicial stamp papers: As the name suggest, it is used for Court proceedings. It is called Court fees.
Non-Judicial stamp papers: This is used for contractual kind of activities between the parties e.g., contracts, agreements, registration of documents, entering leases /sale purchase transactions etc.

Stamp duty serves as a legal requirement for certain types of transactions to be considered valid and enforceable. For example, a sale agreement for a property must be executed on a stamp paper of appropriate value and stamped according to the relevant state’s stamp duty laws. Failure to pay the appropriate stamp duty on a transaction can result in penalties or fines and may render the document invalid in a court of law.

Stamp Duty payable on instruments specified by the statute is fixed or on ad valorem basis i.e., on basis of value of property. The stamp duty charges are mainly based upon the values which are mentioned in the documents. e.g., Articles of Association, Mortgage deed etc. However, for few documents e.g., Affidavits, Power of Authorization, indemnity bond, the stamp duty payable is always fixed regardless of the value which is mentioned in the document or the instrument. For certain other instrument, stamp duty is based on the consideration value mentioned in the document or the market value, whichever is higher. e.g. Conveyance, Sale Agreement, Partnership Deed etc

The payment of Stamp Duty is mostly done before the execution of the document. Failing to make the necessary payment will result in penalty charges. Documents which are inadequately stamped are not admitted as evidence in the court. The stamp papers are to be purchased in the name of one of the parties to the transaction. The validity of a stamp paper is six months from the date of purchase.

Patents, trademarks, and other forms of intellectual property are included within the meaning of movable property under the stamp laws. As such, state specific stamp laws are applicable for the IP rights. Stamp Duty pertaining to IP rights is levied at various stages of registration, licensing and transferring.

In general, stamp duty is applicable on various types of instruments, including;

POWER OF ATTORNEY (POA): – If an application for trademark/patent/design or any other Intellectual property rights, is filed in India by a person other than the Applicant, it is mandatory to submit a duly stamped Power of Attorney. The POA can be signed by the Authorized Signatory of the Applicant. The Stamp duty payable being state specific may approximately be up to 10 USD. There is no requirement for notarization and/or legalization.
AFFIDAVITS: In various proceedings, be it at Court or Registry level it is required to file an Affidavit. Basically, an affidavit is a sworn statement put in writing. With respect to trademark, if the Applicant claims prior use of the mark, in such case it is a mandatory requirement to submit the Affidavit of use. The Applicant shall file an affidavit testifying to such use along with supporting documents. [3] . The Stamp duty payable being state specific, may be up to 5 USD for Affidavit. The Affidavit of use must be duly notarized.
ASSIGNMENT AGREEMENT : Assignment refers to actual transfers of ownership of intellectual property from the assignor to the assignee. In this, the rights of the assignor is permanently transferred. It is an absolute transfer. Such transfer of Intellectual Property rights is carried out by way of an assignment deed. It is pertinent to note that payment of stamp duty is not required for the assignment of Copyrights. Stamp duty is payable on the monetary consideration stated in the assignment deed. Stamp duty payable varies in each State. The Assignor and Assignee can check for the stamp duty rates in its particular state and thereby execute a assignment deed in which the lower stamp duty is applicable. The applicable stamp duty rates in India varies from 3% to 7% of the consideration amount, depending on the state wherein it is executed.
LICENSING AGREEMENT (REGISTERED USER AGREEMENT ): – In a Licensing agreement, the IP holder (licensor) licenses its IP rights to any third party and allows a third-party to use the said rights for a limited time period. A licensing agreement is subject to stamp duty. Stamp duty is paid by the licensee to the licensor.
BUSINESS AGREEMENTS (e.g., Non-disclosure Agreement, Endorsement Agreement, memorandum of Understanding, Master Service Agreements, Franchise Agreement etc.) Stamp Papers are not mandatory for all the agreements but are necessary only for a few kinds of or instruments or agreements as specified by the State government. Generally, no stamp duty is payable on MOUs or NDAs. However, as a general practice, people are putting it on stamp paper to make it enforceable in the Court of Law. A document which is stamped acts as valid evidence in a court of law.

Please feel free to consult us at [email protected] for drafting and advising and representing any commercial transaction.

[1] Instrument includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or record;”

[2] https://www.e-stampdutyreadyreckoner.com/faq-stamps-duty.php

[3] Rule 25 of Trade Marks Rule, 2017- Statement of user in applications (1) An application to register a trademark shall, unless the trademark is proposed to be used, contain a statement of the period during which, and the person by whom it has been used in respect of all the goods or services mentioned in the application.

In case, the use of the trademark is claimed prior to the date of application, the applicant shall file an affidavit testifying to such use along with supporting documents.

About the Author

Social share.

Firm’s Information

Our Professionals
Data Privacy

StratJuris Partners

Office 301, Westport

Pan Card Club Road

Baner, Pune, Maharashtra

India, 411045

E : [email protected]

H :Monday - Friday: 9:30 AM to 6:30 PM

息 Stratjuris Partners 2018. Powered By: Ziuby A Brand Of Aquaspade

Maharashtra Stamp Act: An Overview On Stamp Duty And Registration Charges

Prahalad singh, maharashtra stamp act introduction.

In India, the Indian Stamp Act, 1899 (ISA) is a central legislation, while states have their own local stamp act to administer with issues rising within that particular state. The Bombay Stamp Act, 1958 which came into force on 16 February 1969 (BSA), is a law for stamp duty within the state of Maharashtra. The Constitution of India permits both the Parliament and the State Legislature to make provisions and legislation for stamp duty within its limits. Accordingly, certain documents specified in the ISA are included. Under the BSA, an instrument is defined to include every document by which any right or obligation is, or is made, transferred, limited, extended, extinguished or recorded while a bill of exchange, checks, promissory notes, etc. is not included. These documents are excluded, as governed under the aforesaid ISA.

What is Maharashtra Stamp Act?

In Maharashtra, stamp papers could be purchased before 1 May 1994 in the names of advocates or by any other name. However, the stamp paper is to be purchased in the name of one of the parties thereafter. In addition, the validity of the stamp paper is restricted for a period of 6 months and if stamp paper is used thereafter, it is assumed that the document is executed on ordinary paper without a stamp.

If an instrument falls into Schedule I of the Bombay Stamp Act (BSA) with several duties rates, the instrument is chargeable with the highest of the prescribed fees. Apart from this, the BSA also prescribes a methodology for adjournment (proper assessment), the refund of duties, grievance procedures and defects, etc. The Collector is usually authorized or vested with the power to authorize. If a document is not stamped or appropriately stamped, it is likely to be affixed.

The Act was recently amended and amendments include revision of stamp duty on gift deeds, e-payment of stamp duty, amendment of penalty sections, and increase in stamp duty under certain instrument clauses.

What Is Stamp Duty?

Stamp duty is a type of tax, such as sales/income tax, etc. and its basic purpose is to raise revenue for the government. Thus, like any other tax, the stamp duty will have to be paid to the government in full and on time, with a delay with penalties. In general, stamp duty is levied on an instrument (and not on a transaction); stamp duty is payable on the property (whether immovable/movable or tangible/intangible) either on a fixed basis or on the basis of the consideration mentioned in the instrument as the case may be. In the case of immovable property, there is an additional theory of valuation of the property, which is also taken into account while deciding the stamp duty payable.

How Is Stamp Duty Calculated?

The stamp duty is calculated based on the ready reckoner rates and the property value mentioned in the buyer-seller agreement. In Maharashtra, stamp duty on the property varies by location. For example, stamp duty for a property located in the municipal limit of urban areas in Mumbai will be 5% of the market value, while a property located within the limits of any gram panchayat will attract stamp duty of 3% of the market value.

Stamp Duty And Registration Charges In Maharashtra

The stamp duty rates on property depend on several measures in the state of Maharashtra. This includes whether the property is located in urban or rural areas, the total cost of the transaction, etc. Recently, the Maharashtra government has reduced the stamp duty on properties for the next two years in areas falling under the Mumbai Metropolitan Region Development Authority. (MMRDA) and the municipal corporations of Pune, Pimpri-Chinchwad, and Nagpur.

This means that stamp duty on properties in Mumbai, Pune, and Nagpur, will be charged at 5% (4% stamp duty + 1% metro cess).

Moreover, according to Article 34 of the Maharashtra Stamp Act, which was revised in 2017, stamp duty on gift deeds is 3% of the property’s value. However, if the property in consideration is a residential or agricultural property and is gifted (without any payment) to family members, then, the stamp duty is Rs 200.

Factors that Determine Your Fee on Stamp Duty & Registration

Stamp duty and registration charges are imposed by the state governments on homebuyers. These apply to both freehold and leasehold land (agricultural and non-agricultural) as well as other types of properties such as homes, flats, or commercial properties. There are certain factors that determine how much stamp duty is in Mumbai and registration will be payable:

Type of property

The fees on residential will be comparatively less than a commercial property.

The type of location

Properties in rural areas, as well as semi-urban areas, have to pay significantly less than in posh areas.

Market Value

The market value of the property and the area of the property are taken into account for the calculation of stamp duty charges.

How To Pay Stamp Duty & Registration Charges Online In Mumbai?

In Mumbai, you can go for payment of these charges through both online and offline mediums. The Government of Maharashtra has a dedicated portal ‘Government Receipt Accounting System’ (GRAS) in which you are required to enter all the necessary details about the property and its documents and make payments accordingly. Homebuyers must follow a few easy steps to pay the stamp duty and registration charges in Mumbai on the purchase of the property.

Step 1: Visit the Maharashtra Stamp Duty Online Payment Portal.

Step 2: If you are not registered with the portal, click ‘Pay without registration’. If you are a registered user, please fill in the login details.

Step 3: If you have selected the option ‘Without Pay Without Registration’, you will be directed to another page, where you will have to select ‘select citizen’ and select the type of transaction you want to do.

Step 4: Select ‘Pay to register your document’. Now, you can choose to pay stamp duty and registration fee together or only stamp duty or registration fee only.

Step 5: Fill in the required details such as District, Sub-Registrar office, Payment details, Party details, Property details, and Property value details.

Step 6: Select the payment option and once completed, generate the challan, which will have to be submitted at the time of execution of the deed.

If you are doubtful or stuck at any step or you want to recreate your invoice, you can leave a mail at [email protected]

Modes of Payment of Stamp Duty in Maharashtra

There are 4 modes of payment of Stamp Duty in Maharashtra:

Non-judicial Stamp Papers – This is the traditional but cumbersome and time-consuming mode of stamping, and forces one to obtain physical stamp paper by engaging with licensed vendors. The instrument to be executed is printed on such stamp paper. This option is not practicable in cases where stamp duty of larger denominations is required to be paid.
Franking a document – The process of franking a document requires submitting an application with an authorized bank or franking agency to pay stamp duty and stamp (using the vending machine) by the authorized bank or franking agency on the document denotes value. Franklin can only be done before the execution of the document and the maximum stamp duty cap is Rs. 5000 / document.
e-SBTR/Electronic Secured Bank Treasury Receipt – E-SBTR is an online payment service for payment of stamp duty through an electronic payment gateway. For this one has to fill the filling ‘input form’ at the branch office with any bank providing e-SBTR facility and pay the required amount of stamp duty. The bank then records these details in the Government Virtual Treasury and creates an e-SBTR on the special government pre-printed secure stationery which serves as proof of payment of stamp duty. Since the e-SBTR is issued on a special government stamp, it is necessary to physically collect an e-SBTR from the respective branch of the bank upon the presentation of the confirmation of online payment for the print of input form and stamp duty.
GRAS/Government Receipt Accounting System – Like e-SBTR GRAS, there is an online payment of stamp duty through an electronic payment system. However, under an e-SBTR mechanism, there is no need to physically go to the respective branch of the banks as recognition of e-challan generated online under GRAS as an accepted method of payment in sub-registrar offices and other offices of the department. Although a completely online process, GRAS has the limitation that it can only be used for compulsory registrable documents (under Section 17 of the Registration Act, 1908), including, inter alia, the right, title, and interest to or in immovable property. In financing transactions, therefore, this mode of payment will only be available for documents such as mortgages and cannot be used to pay stamp duty on other important but non-mandatory mandatory documents such as loan agreements, security and guarantee documents.

Recent Clarification on Stamp Duty in Maharashtra

Providing some relief to the Office of Inspector General of Registration and Controller General of Maharashtra through a circular dated 27th April 2020 and notified certain relaxations in relation to (a) Some exemptions have been notified in respect of filing of information (in the matter of financing, transactions required for the creation of mortgages on immovable property, through title deeds or deposits of similar mortgages):): and (b) Payment of stamp duty on non-compulsory registrable financing documents executed during the nationwide lockout period. The fee/exemption offered under the circular is summarized in the table below.

Stamp Duty News

On 6 March 2020, the Maha Vikas Aghadi (MVA) government in its landmark decision announced a 1% stamp duty concession and other related charges applicable to the registration of documents in areas falling under the Mumbai Metropolitan Region Development Authority (MMRDA) and Municipal Corporations of Pune, Pimpri-Chinchwad, and Nagpur by 2022.
On 31st March 2020, the Central Government has extended the applicability of stamp duty by 3 months. The provisions of the amended Indian Stamp Act, which were to come into force from 1 April 2020, will now come into force from 1 July 2020.
On 11th May 2020, the Maharashtra government has lost Rs 3885 crore in stamp duty in 40 days of lockdown. The state government has earned only Rs 15 crore through stamp duty and registration in the last 40 days – a steep fall in comparison to the Rs 4000 crore it usually generates in such a period.
On 28th May 2020, the Maharashtra Government has announced 1% concession of stamp duty.

Data Source: Google, Image source: https://gras.mahakosh.gov.in/

Stamp duty and registration fees are a crucial part of a property transaction in Madhya Pradesh and one of the highest in the country. Whenever a property is sold or purchased in the state, the buyer pays stamp duty and registration fee to the state government. Payment of stamp duty assures that a transaction is […]

Tellapur: The Perfect Destination for Real Estate Investment From a quiet village space to a bustling residential area, Tellapur is becoming a sought-after destination for real estate investments. Tellapur is emerging as a premium residential location in Hyderabad due to its central location near the Outer Ring Road (ORR) with easy accessibility to IT hubs […]

Mayfair Apartments is a plush urban resort nestled in lush greenery. A unique botanical escape where the components of nature – earth and sky are landscaped in a layered sight of scenic views and decorated gardens. At Greenmark Mayfair, all your wishes and desires are brought to life more flawlessly than you ever envisioned. Mayfair […]

Choosing a real estate property is always tricky as there are numerous factors involved in selecting your dream home. Be it an apartment or a villa, selecting your perfect abode depends on your interests and requirements. If you like to have a cozy little space and ample privacy, going for lavish villas in gated community […]

Latest Videos

Top 6 Builders And Developers in Bangalore

5 best places to live in kolkata that offers sound connectivity and amenities, luxe living: finding delhi’s posh localities and properties, 6 best places to live in bangalore city, latest properties, flats for sale in bangalore, flats for sale in delhi, flats for sale in mumbai, flats for sale in pune, flats for sale in chennai, flats for sale in kolkata, flats for sale in hyderabad, flats for rent in bangalore, flats for rent in delhi, flats for rent in mumbai, flats for rent in pune, flats for rent in chennai, flats for rent in kolkata, flats for rent in hyderabad, projects for sale in bangalore, projects for sale in delhi, projects for sale in mumbai, projects for sale in pune, projects for sale in chennai, projects for sale in kolkata, projects for sale in hyderabad.

Browse Cities
Properties for Sale in Bangalore
Properties for Rent in Bangalore
Browse Projects in Bangalore
Browse Localities in Bangalore
Agent Directory for Bangalore
CommonFloor Groups
Post Your Requirements
Get Mobile App
Call Us: 080-67364545
All India Apartment Directory

Your details has been submitted successfully.

[email protected]

Government of Maharashtra passes the Maharashtra Stamp (Amendment) Act, 2021

01st Feb, 2022

Real Estate

On January 20, 2022, the Maharashtra Government passed the Maharashtra Stamp (Amendment) Act, 2021 (“ 2021 Act ”) to amend the Maharashtra Stamp Act, 1958 (“ Act ”). By way of the 2021 Act, following key changes have been introduced in Schedule I to the Act:

Please find a copy of the 2021 Act, here .

This update has been contributed by Nidhi Arya (Partner) and Vansh Aggarwal (Associate).

Argus Knowledge Centre is now on WhatsApp! Send us a message on +91 8433523504 to receive updates from our Knowledge Centre.

Our Offices

11, 1st Floor, Free Press House 215, Nariman Point Mumbai – 400021

+91 22 67362222

7A, 7th Floor, Tower C, Max House, Okhla Industrial Area, Phase 3, New Delhi – 110020

+91 11 6904 4200

68 Nandidurga Road Jayamahal Extension Bengaluru – 560046

+91 80 46462300

Binoy Bhavan 3rd Floor, 27B Camac Street Kolkata – 700016

+91 33 40650155/56

The rules of the Bar Council of India do not permit advocates to solicit work or advertise in any manner. This website has been created only for informational purposes and is not intended to constitute solicitation, invitation, advertisement or inducement of any sort whatsoever from us or any of our members to solicit any work in any manner. By clicking on 'Agree' below, you acknowledge and confirm the following:

a) there has been no solicitation, invitation, advertisement or inducement of any sort whatsoever from us or any of our members to solicit any work through this website;

b) you are desirous of obtaining further information about us on your own accord and for your use;

c) no information or material provided on this website is to be construed as a legal opinion and use of this website will not create any lawyer-client relationship;

d) while reasonable care has been taken in ensuring the accuracy of the contents of the website, Argus Partners shall not be responsible for the results of any actions taken on the basis of information provided in this website or for any error or omission in the website; and

e) in cases where the user has any legal issues, the user must seek independent legal advice.

COMMERCIAL LAW BLOG

Research & Updates

FAQs on payment of Stamp Duty in Maharashtra

In this post, we have sought to compile some of the common questions that arise in the minds of corporates and other individuals who commonly enter into e-contracts, inter-state contracts and /or international contracts. We trust our readers will find this useful.

When is stamp duty to be paid?

Under the laws of India [1] , a document which is executed in India is chargeable with stamp duty on or before the time of execution.

Execution of the document essentially means the signing of the document [2] . When a document is of such character that two parties need to sign it, in such a case the document is said to be executed when both the parties have put their signature on the document [3] .

In Maharashtra, the Maharashtra Stamp Act, 1958 is applicable to all the documents executed or brought in the state for the purpose of chargeability of the stamp duties. All the instruments chargeable with duty and executed by any person in this state are required to be stamped before or at the time of execution or immediately thereafter or on the next working day following the day of execution. [4]

How much stamp duty is to be made on an instrument?

Schedule 1 to Maharashtra Stamp Act, 1958 lists down the rates of stamp duty chargeable on a particular instrument that is executed in the given state.

It should be noted here that if one instrument envisages multiple transactions or incorporates several distinct matters, the stamp duty chargeable to such instrument would be the aggregate amount of the stamp duty that each transaction/matter would be separately charged with under the said Act [5] .

Also in case of inter-state transactions where the stamp duty levied by the first state is lower than the stamp duty levied by the second state, a differential stamp duty shall be required to be paid when the document is brought into the second state [6] . Hence, it is recommended the one identifies the higher stamp duty that can be levied out of the stamp duty rates provided by both the states and consequently stamps the document with such a higher stamp duty rate.

What are the different modes of paying stamp duty?

According to the Maharashtra Stamp Act, 1958, stamp duty shall be paid vide impressed stamps or adhesive stamps [7] . Hence the stamp duty on any instrument (including an electronic document) may be paid via adhesive stamps, non-judicial stamp paper, franking machines, labels being affixed and impressed by proper officer or receipt of e-payment of the stamp duty [8] .

When can a Non Judicial Stamp Paper be used?

Except in certain specific cases, a non-judicial stamp paper can be used for payment of stamp duty in Maharashtra [9] . Enclosed herein is Schedule I of the Maharashtra Stamp Act, 1958 stating the stamp duty chargeable on the document as well as the type of stamp that can be used to pay the stamp duty.

When can franking be done?

Franking is included in the meaning of impressed stamps under the Maharashtra Stamp Act, 1958 [10] . Every document on which stamp duty is permissible by way of impressed stamps may be stamped by way of a franking machine. The procedure for stamping the document through franking is stated below:

An application is submitted to a franking agency or an authorized bank.
The document for which stamp duty is to be paid is printed on plain paper (before the execution of the instrument) and a stamp is affixed on the paper indicating the value of the stamp duty paid.

It is also to be noted that the Maharashtra Government has prescribed a maximum limit for the payment of stamp duty by way of franking machines on a single document to Rs. 5000 or of documents only for amounts upto Rs. 5000 [11] .

How is stamp duty to be paid on the electronic document?

E-payment of stamp duty can be done through:

Online payment into the Virtual Treasury through Government Revenue and Accounting System(GRAS) [12] ; or
Electronic Secured Bank and Treasury Receipt (e-SBTR) issued by authorised banks [13] .

Both the abovementioned payment options can be availed on https://gras.mahakosh.gov.in/echallan/ .

The simple receipt or challan generated after the payment of the appropriate amount of the stamp duty leviable on the document containing the Challan Identification Number (CIN) in case of e-SBTR option and Government Reference Number (GRN) in case of GRAS option shall be treated as a valid proof of payment of stamp duty [14] .

Any further queries can be addressed to us at [email protected].

– Archana Balasubramanian / Ketaki Shah

[1] Section 17 of the Indian Stamp Act, 1899

[2] Section 2 (12) of the Indian Stamp Act, 1899

[3] Page 80 of The Indian Stamp Act by K.Krishnamurthy.

[4] Section 17, The Maharashtra Stamp Act, 1958

[5] Section 5 of the Maharashtra Stamp Act, 1958

[6] Section 7, The Maharashtra Stamp Act, 1958

[7] Rule 2 of the Bombay Stamp Rules, 1939

[8] Section 2(k) of the Maharashtra Stamp Act, 1958

[9] Rule 6 of the Bombay Stamp Rules, 1939

[10] Section 2(k) of the Maharashtra Stamp Act, 1958

[11] Vide Order No. D-/STP/CASE NO/6/14/106/2014 dated March 15, 2014

[12] Rule 3 of the Maharashtra e-Payment of Stamp Duty and Refund Rules, 2013

[13] Rule 5 of the Maharashtra e-Payment of Stamp Duty and Refund Rules, 2013

[14] Rule 4(c) of the Maharashtra e-Payment of Stamp Duty and Refund Rules, 2013

5 thoughts on “ FAQs on payment of Stamp Duty in Maharashtra ”

Pingback: STAMP DUTY AND ITS RELEVANCE | BLOG

Informative blog posted…..

Stamps of India

Thank you so much for the wonderful information .This is really important for me .I am searching this kind of information from a long time and finally got it.

Thanks for the information. Could you help with few more specific details about paying stamp duty for transfer of physical shares:

1. Even if Stamp Duty is more than Rs. 5000/- is it MANDATORY to Frank Share Certificates? I think it’s not because as per Point 11. limit for franking is 5000 but I would like to confirm if the rule is different for Physical Share Certificates. Thanks!

Pingback: Inadequate or Unstamped Contracts — Long Term Impact on Disputes – COMMERCIAL LAW BLOG

Follow Blog via Email

Enter your email address to follow this blog and receive notifications of new posts by email.

Email Address:

This website does not provide any legal advice and is for information purposes only. Any reliance on information or opinion contained herein would be against the advice of the administrators of this website and entirely at risk and cost of the recipient or user of this information. No attorney-client relationship is formed through this website, directly or indirectly. Opinions are of authors and does not necessarily bind the administrators or owners of the website or the law firm.

Create a website or blog at WordPress.com

Already have a WordPress.com account? Log in now.
Subscribe Subscribed
Copy shortlink
Report this content
View post in Reader
Manage subscriptions
Collapse this bar

Phone : to connect with us call at: +91-11-40123000
Email : [email protected]
Our facebook
Our Twitter
Our linkedin
Our whatsapp
Map Location
Domain Names
Geographical Indication
Trademark Search India
Trademark Application
Trademark Filing
Trademark objection reply India
Online Trademark Filing
Trademark Process
Trademark Flowchart
Trademark Opposition
Trademark Opposition Flowchart
IRDI Provisional Refusal of Trademark in India

Trademark Assignment Agreement India – Assignment of Trademark in India

Trademark Brand Registration India – Apply Online Trademark Registration
TRADEMARK WATCH AND MONITOR
Trademark Renewal
Trademark Classes and Classification
Trademark infringement – Trademark Misuse in India
Trademarks INN Search
Trademark Restoration
Trademark Removal
Trademark Rectification
Trademark Filing Cost, Fees & Forms
Trademark Status
Indian Trademarks Act
Marks not Registerable
Well Known Trademarks
Trademark Protection
MADRID PROTOCOL INDIA
TRADEMARK LICENSING
Trademark FAQ

India plans to shift from Minimum Wages to Living Wages by 2025

April 18, 2024

Are you planning to buy property in Maharashtra? If your answer is yes, you need to be aware of a few taxation aspects that can make the process smooth and hassle-free. Buying property is not the same as renting one. Taking up a house for rent in Mumbai or any other place in Maharashtra does not require you to pay any tax. However, you need to do so when owning property. This is where the Maharashtra Stamp Act comes into the picture.

What Is the Maharashtra Stamp Duty Act?

When you buy property in Maharashtra, you need to get the transaction stamped or legalized by paying a certain amount of tax. You have to pay this tax to the state government, and it’s called the stamp duty.

The Maharashtra Stamp Act specifies the assets and resources on which you have to pay stamp duty to the state government. The Act also determines the amount that property owners are liable to pay as tax to the authorities.

How Is Stamp Duty Payable?

You can pay stamp duty using various means in Maharashtra, such as the ones mentioned below:

Stamp Paper

Stamp paper is a convenient way of paying stamp duty in Maharashtra. It is an often-foolscap piece of paper with a revenue stamp pre-printed on it.

As a property buyer, you have to purchase the non-judicial stamp paper from a government-authorized vendor. You need to type or write your property transaction details on the stamp paper.

Adhesive Stamps

Adhesive stamps are postage stamps that feature pressure-sensitive adhesive. You don’t need to moisten them to fix them on any paper. This is an alternative to stamp paper when paying the stamp duty.

eSBTR or Electronic Secure Bank and Treasury Receipt is a system through which you fill up an application and make payment via the authorized participating bank. The bank uploads the details to the Government Virtual Treasury database and issues you an eSBTR. This eSBTR serves as proof of payment for the stamp duty.

Franking is the process of stamping your property documents to indicate that you have paid the stamp duty and the documents are legal. A franking machine is used to do this.

Stamp Duty Rates in Maharashtra

The stamp duty rates in Maharashtra depend on several factors, such as:

Type of Property : Stamp duty on a commercial property is more than that on a residential property
Location of Property : Stamp duty of properties located in rural or semi-urban areas is less than those located in posh areas of large cities.
Market Value : Stamp duty calculation takes into account the current market value of the property.

In March 2021, the Maharashtra state government declared a rebate of 1% in stamp duty if a property is transferred to only a woman’s name.

This decision will help women buy an affordable house in Pune , Mumbai, Nagpur, or any other place in Maharashtra in her name. However, joint property owners (male and female) will not get this rebate benefit.

The stamp duty rates for various places in Maharashtra are as follows:

Mumbai : 5% for males and 4% for females (includes 1% metro cess for both cases)
Pune** : 6% for males and 5% for females
Thane** : 6% for males and 5% for females
Navi Mumbai** : 6% for males and 5% for females
Pimpri Chinchwad** : 6% for males and 5% for females
Nagpur** : 6% for males and 5% for females

** includes stamp duty and local body tax for both cases

Stamp Duty on Indemnity Bond in Maharashtra

As per the Maharashtra Stamp Act, the stamp duty on indemnity bonds in Maharashtra is Rs.500. This stamp duty is payable online.

Agreement in Maharashtra

The stamp duty on Guarantee Agreement in Maharashtra is as follows:

When the loan amount is less than ten lakhs rupees, the stamp duty is 0.1% of the amount specified in the deed, with a minimum of Rs.100.
When the loan amount is more than ten lakhs rupees, the stamp duty is 0.2% of the amount specified in the deed.

Maharashtra Stamp Duty Impact on Property Registration

The Maharashtra state government had reduced the stamp duty on properties in April 2020. This rebate was provided for the next two years. It was applicable for areas under the Mumbai Metropolitan Region Development Authority (MMRDA) and municipal corporations of Nagpur, Pimpri-Chinchwad, and Pune.

However, the state government withdrew the rebate and restored the stamp duty to 5% from 1st April 2021. As a result, the state witnessed a dip of 50% in property registrations in April 2021.

Before the rebate was rolled back, Maharashtra witnessed a record-breaking 2.13 lakh property registrations across the state, except Mumbai, in March 2021. This figure fell to 90,500 registrations in April 2021. Mumbai also witnessed a boost in property registrations during the rebate period.

This is a clear indication of the huge impact of Maharashtra stamp duty on property registrations.

Recent Judgments on Maharashtra Stamp Duty

In a recent judgment, the Bombay High Court has stated that the Maharashtra state government must refund excess stamp duty within a month from the date on which it receives an application for the same.

If they fail to do so, the government will have to pay interest at 12% per annum. This came as a welcome decision for the property owners of Maharashtra.

The Maharashtra Stamp Duty Act has been witness to various amendments over time. It may seem overwhelming to deal with such legal intricacies when buying a property. However, this guide has simplified everything you need to know about stamp duty.

After all, such legal and tax obligations must not stop you from owning property!

Term Insurance for Family: Meaning, Benefits,…

The Benefits of Shared Rooms for…

Stamp Duty and Registration Charges in…

Exploring the Top Advantages and Disadvantages…

Hit enter to search or ESC to close

What Is the Stamp Duty for Trademark Assignment?

Trademark Renewal Application Examined in India?

The application process of obtaining a trademark and assignment of a trademark as an individual entrepreneur can be seen as daunting due to the number of documents one needs to take care of, and it's often tricky to find information about the proper procedure. However, with this blog article, you'll know everything about the stamp duty for trademark assignment.

Stamp Duty for Trademark Assignment: Trademark assignment is the process of handing over trademark rights to someone else in order to use the same trademark. Sometimes, this switch can help your firm increase or improve its perspective and market share.

Table of Contents

Types of Trademark Assignment:

Partial assignment:.

Partial trademark assignment is when the trademark owner assigns part of the trademark to another business. It allows the business to receive legal protection until it becomes a complete trademark and ownership transfer happens. The retailer may use both pieces of information in advertisements to promote their company and verify that they are not breaking any laws.

Complete Assignment:

In a complete assignment, the assignee owns every right to sell, and earn royalties on the trademarks assigned to them.

With goodwill trademark assignment, the power of a registered trademark is assigned to someone else. The party that receives the assignment is named as the assignee on the trademark registration. Once a trademark is assigned with goodwill, it may be transferred or used by anyone.

Without Goodwill:

Under these trademark assignments, only the trademark is transferred and not the brand value. And the assignor must use the trademark for any of their other businesses.

Applying Trademark Application

To apply for a trademark online in India, you need to create an account with the Trademark Registrar. After creating your account, you will need to identify your goods and services and provide relevant information such as the name of your company and the type of mark you are filing for. The Trademark Registrar offers a variety of documents to support your application, such as a drawing of your proposed mark, an affidavit of use or intent to use the mark in commerce, and proof of ownership of the mark. You will also be required to pay a filing fee and submit a verified original signature. Once your application is filed, it will be sent to an examiner who will decide whether to allow your mark into circulation. If your application is approved, you will receive a registration certificate that includes the symbol ® and identifying information.

Fees and Payments

To apply for a registered trademark online, you’ll need to pay the applicable filing fee and send in your application. Here’s a breakdown of what you’ll need to pay:

If you are not a start-up, small enterprise, or individual you will have to pay ₹ 9,000 for lodging an application electronically and ₹10,000 if you file in person with the Trademark Registrar.
Individuals, small enterprises, or startups must file with the TM application by paying a fee of ₹ 4,500 for e-filing or ₹5,000 for filing by hand
Based on the type of TM applied as per the stamp duty act, one needs to pay 5% stamp duty per TM application or assignment submitted

Forms of Identification

When applying for a registered trademark, it is important to have the appropriate forms of identification ready. There are a few different options available, and each has its own set of requirements:

The first option is to submit a filing affidavit with your application. This document must be signed by the owner or owner’s representative and verified by an independent expert. The affidavit must include information such as the trademark’s logo, description, and date of first use. In addition, you must list the names and addresses of all owners or holders of rights to the mark.
Another option is to submit an application containing only documents that establish trademark ownership. This document must include a copy of the registration of trademark certificate or a declaration from the entity claiming ownership that it is the true owner of the mark. The application must also include a statement from the applicant confirming that he or she is authorized to use the mark. Finally, you must provide contact information for any authorized representatives.

If neither of these options meets your needs, you can submit an application containing only extracts from previously filed documents. This document must include a statement confirming that you are copying copyrighted material without permission.

Benefits of Trademark Registration:

The benefits of trademark ownership can vary greatly depending on individual needs. Registering your mark, however, will help protect your financial and intellectual property rights. For beginning business owners that are not already familiar with trademark law, the process may seem a bit complicated and confusing to begin with.

If you are looking to apply for a registered trademark online and understand the fees involved, this article explains it all in detail. The process is relatively easy. Just go to the Trademark Registrar, fill out an application form, and pay the applicable fees. You will then need to send in citations of where your mark is currently being used, as well as additional documents if requested by the Trademark Registrar. Once the application is complete, you will be given details on when to send in your trademark registration certificate.

Also, Read:

How Are Trademarks Selected and Ownership ?
Document Required for Assignment of Trademark
How Do I Assign a Registered Trademark ?

When and How to Amend a Registered Trademark?

Overview Trademark registration is a lengthy process that takes around a year. One has to make sure that everything submitted…

What Is Revocation of Trademark

Introduction In India, the trademark law acts as a crucial shield for businesses, offering protection through formal registration. While this…

How to Register a Brand Name in India?

How much coffee and paper scrawl did it take you to finally settle on your brand name? Twelve, correct? If…

How to Obtain a Well-Known Trademark Status in India

What is a Colour Trademark?

A brand’s colour is distinct from a colour trademark. Even if a TM or ® symbol appears on a brand’s…

Understanding G-Secs and How to Invest in Them for Business?

G-secs refer to government securities or, in other words, loans or capital issued by the government. The biggest advantage associated…

How to Check First Information Report - Vakilsearch - Blog

Startups to Continue Receiving a Tax Holiday

Businesses of all sizes and types have been having a tough year courtesy of the coronavirus pandemic. The Indian government…

Mistakes to Avoid During Tax Return Filing NRI

How the Rupee Depreciation is Enticing NRIs in Real Estate?

The Indian currency has depreciated as much as 5.2% against the US dollar in 2022 so far. The rupee’s depreciation…

Subscribe to our newsletter blogs

Private Limited Company Registration Private Limited Company with Indian and Foreign Shareholders One Person Company Registration Limited Liability Partnership (LLP) Registration Partnership Firm Registration Subisdary Company Registration Subsidiary of an Indian Company in India Public Limited Company Registration Section 8 (Not-for-Profit) Company Registration Trust Registration Society Registration USA Company Incorporation Register a NBFC Company in India NIDHI Company Registration Producer Company Registration Digital Signature Certificate (DSC) Tax Deduction Account Number (TAN) Trademark Registration - India Trademark Renewal International Trademark Application Trademark Ownership Transfer Respond to a Trademark Objection File a Trademark Opposition Judgments Vakil GPT Libra Winding Up of Company roDTEP Private Company into OPC Patent Search Apply for a Provisional Patent Apply for a Patent Changes in IEC Changes in GST LUT Application ITR for LLP Business Ideas Business Loans NGO Registration Change the Objectives of Your Company Sole Proprietorship Scope of Work and Deliverables Agreement Service Level Agreement Business Compliance PIL Web Ecommerce Development Hallmark Registration Caveat Petition OSP License GDPR APEDA Registration Money Recovery Vendor Termination RBI Compounding Application Patent Infringement Labour Law Non Compete Agreement Relinquishment Deed Spice Board Registration Convert Private to Public Limited Company Posh Compliance Trademark Assignment Restitution Of Conjugal Rights Company Name Search Corporate tax e-FIR Property Documents Verification Trademark Infringement Well Known Trademarks Copyright Infringement Intellectual Property Employment Agreement Income tax Notice Financial Agreement Trademark Search NRI Legal Services Professional Tax for Employees Professional Tax for Directors ESI Registration PF Registration ESI Filing PF Filing Cancellation of GST Professional Tax Registration DIPP Certification Basic Food License State Food License Central Food License Fundraising PF and ESI Filings PF and ESI Registration Professional Tax Filing Shops and Establishment Act Registration Importer Exporter Code Registration SSI / MSME Registration Trade License Registration Copyright Registration Change in trademark application Trademark Withdrawal Payroll Services Goods & Service Tax (GST) Registration Trademark Watch ISO Registration Hearing Labour Welfare Fund Registration USA Company Compliances NGO Compliance Non-Disclosure Agreement Memorandum of Understanding (MoU) Get Advice from a Lawyer Get a Detailed Legal Opinion from an Expert Commercial Rental / Lease Agreement Leave and License Agreement Prepare a Power of Attorney Agreement Review Shareholders' Agreement Term Sheet Review a Term Sheet given by an Investor Share Purchase Agreement Terms of Service and Privacy Policy Terms of Service Privacy Policy Get Basic Legal Advice Get Basic Legal Opinion Get an Advanced Legal Opinion Get Expert Legal Opinion Legal Agreement Legal Notice Disclaimer Draft a Consumer Complaint Founders Agreement Franchise Agreement Vendor Agreement Master Service Agreement Joint Venture Agreement Freelancer Agreement Consultancy Agreement Profit Sharing Agreement Cheque Bounce Notice Freelancer / Contractor's Agreement Loan Agreement Terms of Service and Privacy Policy Website Terms of Service and Privacy Policy App Terms of Service and Privacy Policy - Web & App Probate of Will Divorce Consultation Property Registration Property Consultancy - opinion Management of a Trust Management of a Society Dissolution of Partnership Firm Accounting and Book Keeping GST Filings TDS Filings File Annual Returns for your Private Limited Company Get help from a Company Secretary for your Private Limited Company Get help from a Company Secretary for your Limited Liability Partnership Change your Company Name Change the Objectives of Your Company Appointment of a Director Removal/Resignation of a Director Change the Official Address of Private Company Close your Private Limited Company Convert your Partnership into a Private Limited company Convert your Sole Proprietorship into a Private Limited Company Convert your Private Limited Company into an LLP Convert your Private Limited Company into a Public Limited Company Income tax returns - Propreitorship Firm Financial Projections for Bank Loan Investor Pitch Deck CA/CS certification Increase in Authorized Capital of your Company Change the Objectives of Your LLP Change your LLP Name Adding a Designated Partner Change the Official Address of Your LLP Increase in Contribution to your LLP Change LLP Agreement Close your Limited Liability Partnership Convert your Sole Proprietorship into an LLP Compliance - Section 8 Close down your Not-for-Profit (Section 8) Company Get Share Certificates for your Company Replacement of a Director Change in the Designation of Director Adding a Partner in LLP Replacement of Designated Partner Resignation of Designated Partner Resignation of Partner Change Name of your LLP Close your Partnership firm Close your Proprietorship firm Close your Public Limited Company Convert your LLP into a Private Limited Company Convert your Partnership into an LLP Convert your Sole Proprietorship into a Partnership Audit your Company Valuation of Business Convert your Private Limited Company into an One Person Company Transfer of Shares Change in Authorized Capital of your Company Employee Stock Options (ESOP) Issue of New Shares (To existing promoters) RBI & SECRETARIAL COMPLIANCES FOR FOREIGN INVESTMENT ISSUE OF NEW SHARES IN YOUR COMPANY (TO OTHER THAN EXISTING PROMOTERS) Employment Agreement with ESOP Due Diligence of Company Convert your One Person Company into a Private Limited Company DIR-3 KYC Filing Issue of Convertible Debentures (CCD) Permanent Account Number (PAN) Religion change Gender Change Apply for Name Change - Minor Name Change Application FSSAI Marriage Certificate Mutual Divorce Court Marriage Public Notice - Gazette Notification Make a Will Residential Rental Agreement Gift Deed File your Income Tax Returns - Salaried Individual Logo design Free GST Registration Internal Start a Branch Office in India Get a Section 80 G Tax Exemption Trademark Search ISI Registration Apply for Birth Certificate Employment Contract without ESOP Sale Deed CA Advisory Service Apply for Succession Certificate Legal notice for recovery of dues Apply for legal heir certificate Apply for Psara License RERA complaints Main Service Startup India Registration Integrated Accounting + GST Talk to a CA Talk to a Lawyer Talk to a CS FCRA Registration FCRA Renewal Change in Member or Nominee of OPC Change in Particulars of Director Creation or Modification of Charge Satisfaction of Charge Conversion of Dormant Company to Active Company Conversion of Loan into Equity Shares Change the Official Address of Your Business (from one state to another state ) Get Support on Opening Current Bank Account Design registration Legal Metrology NGO Deed Drafting File an Opposition for Brand Infringement Darpan Registration Cessation of Partner or Designated Partner SEBI IA Registration Surrender of DIN/DPIN Foreign Liabilities and Assets (FLA) Return Change the Official Address of Your LLP (From One State to Another State) Change the Official Address of Your Company (Outside the City) CSR-1 Registration Service

Bengaluru - Bangalore Chennai Cochin Coimbatore Delhi Gurugram - Gurgaon Hyderabad Kolkata Mumbai Noida Thiruvananthapuram Vijayawada Visakhapatnam Addanki Adilabad Agartala Agra Ahmedabad Aizawl Ajmer Akola Alappuzha Aligarh Allahabad Alwar Amaravati Ambala Amritsar Anand Anantapur Andaman Aurangabad Aurangabad-Bihar Azamgarh Badaun Badlapur Bagaha Bagalkot Bahadurgarh Baltora Baraut Bardhaman Bareilly Bathinda Begusarai Belgaum Bellary Berhampur Bhadrak Bhadreswar Bhagalpur Bharuch Bhavnagar Bhayandar Bhilai Bhilwara Bhiwandi Bhiwani Bhopal Bhubaneswar Bidar Bijapur Bikaner Bilaspur Bina Etawa Birati Birbhum Bishalgarh Botlagudur Budaun Budgam Buldhana Bundi Cachar Calicut Chandauli Chandigarh Chandigarh-Punjab Chhapur Chhatarpur Chhindwara chidambaram Chitradurga Chittoor Chittorgarh Churu Cooch Behar Cuddalore Cuttack Dahod Daman Darbhanga Dehradun Deoghar Dera Bassi Dewas Dhaka Dhanbad Darbhanga Dharmapuri Dharmanagar Dharwad Dhule Dimapur Dindigul Dispur Dombivli Dumarkunda Dungri Durgapur Dwarka Eluru Erode Faridabad Firozabad Firozpur Gandhidham Gandhinagar Gangtok Ganjam Gannavaram Ghaziabad Gonda Gorakhpur Greater Noida Gulbarga Guntur Gunupur Guwahati Gwalior Haldwani Hansi Hanumangarh Haridwar Hisar Hoshiarpur Hosur Howrah Hubli Idukki Imphal Indore Itanagar Jabalpur Jagdalpur Jaipur Jalandhar Jalgaon Jalgaon Jamod Jamalpur Jammu Jamnagar Jamshedpur Jamui Jaunpur Jhansi Jind Jodhpur Jorhat Kadapa Kakinada Kalahandi Kalimpong Kalyan Kangra Kankroli Kannur Kanpur Kanyakumari Kapurthala Karad Karaikal Karaikudi Karimnagar Karjat Karnal Karur kasganj Kashipur Katihar Katni Kavaratti Khamgaon Khammam Kharagpur Khordha Kochi Kohima Kolhapur Kollam Koppal Kota Kottayam Kozhikode Krishnagiri Kullu Kumbakonam Kurnool Kurukshetra Lalitpur Latur Loharu Lucknow Ludhiana Madhubani Madikeri Madurai Mainpuri Malappuram Malda Mandi Mandsaur Mangalore Mapusa Margao Marthandam Mathura Meerut Midnapore Mirzapur Mohali Mone Moradabad Morbi Morena Muktsar Mundra Muzaffarnagar Muzaffarpur Mysore Nabarangpur Nadiad Nagapattinam Nagaur Nagercoil Nagpur Nainital Nalanda Namakkal Nanded Nandigama Nashik Navi Mumbai Navsari Nellore Nilgiris Nizamabad Ongole Ooty Other Cities Palakkad Palampur Palgadh Pali Panaji Panchkula Panipat Paradip Pathanamthitta Pathankot Patiala Patna Pilani Port Blair Pratapgarh Puducherry Pune Raichur Raigarh Raipur Rajahmundry Rajapalayam Rajkot Ramanathapuram Ramgarh Ranchi Raniganj Ratlam Rewa Rohtak Roorkee Rourkela Rupnagar Saharanpur Salem Sangli Sangrur Satara Secunderabad Shillong Shimla Shimoga shirdi Sikar Siliguri Silvassa Singrauli Sirmaur Sirmur Sitamarhi Sitapur Sivaganga Sivakasi Siwan Solan Solapur Sonipat sonla Sri Ganganagar Srinagar Surat Talbehat Tezpur Thalassery Thane Thanjavur Theni Thoothukudi Thrissur Tiruchirappalli Tirunelveli Tirupati Tirupur Tiruvannamalai Tumkur Udaipur Udupi Ujjain Una Uppala Uttarpara Vadodara Vapi Varanasi Vasai Vellore Vidisha Vill Damla Viluppuram Vinukonda Virar Virudhunagar Warangal Washim Yamuna Nagar Yelahanka Zirakpur Select City*

Email Enter valid email addres

You'll be redirected to payment page to reserve a callback from our expert

Home » Blog » All-About Maharashtra Stamp Duty Amnesty Scheme – Benefits | Processes | Practical Insights

All-About Maharashtra Stamp Duty Amnesty Scheme – Benefits | Processes | Practical Insights

Other Laws | Blog |
Last Updated on 7 March, 2024

HC Allows Use of Seized Docs From Lawyer’s Office if They Were Incriminating Against Assessee

Trust not ineligible for sec. 12a registration just because some of its objects are restricted to ‘sunni muslims’, latest from taxmann.

By Adv. Shyamsundar Patil, IAS (Rtd) – Former MD | Mahananda, CA. Ramesh Prabhu – Chairman and CA. Shreyash Prabhu – Chairman | Maharashtra Societies Welfare Association (MahaSewa)

Table of Contents

What is Stamp Duty?
Why to pay Stamp Duty?
When to pay Stamp Duty?
Instruments on which stamp duty applicable
Significance of year: 1958 – 1980 – 1985
Stamp Duty on Gift deed
Stamp Duty Amnesty Scheme 2023 – 2024

1. What is Stamp Duty?

It is a tax payable to the STATE GOVERNMENT
Payable under Section 3 of The Maharashtra Stamp Act, 1958
Payable on Instruments given under Schedule-I of the Act
Only on proper payment of stamp duty is an instrument admissible as evidence in Court
Stamp duty to be paid in Full and On Time
Delay of payment of stamp duty attracts Penalty

2. Why to pay Stamp Duty?

It is to be paid as LAW exists
To ensure Legal Validity of Document
As per Sec 34 , Instrument not duly stamped is inadmissible as evidence
If not paid, under sec 34 Penalty of 2% per month from date of signing till deficient stamp duty is paid
Penalty up to 400% i.e. 4 times

If penalty is not paid, then?

Confiscation
Land Seizure
Under Sec 59(1) of Maharashtra Stamp Act, 1958 Imprisonment for a term NOT LESS THAN 1 month which may extend to 6 months

3. When to pay Stamp Duty?

Stamp duty payable:

Before execution of document
On day of execution of document
On next working day of execution of document

Taxmann's Maharashtra Stamp Duty Amnesty Scheme 2023-24 | Law & Practice

4. Instruments on which stamp duty is applicable

All Instruments provided in Schedule I of Maharashtra Stamp Act, 1958.

Total 63 different types of instruments are covered in the schedule

5. Significance of year: 1958 – 1980 – 1985

11th June, 1958:

Bombay Stamp Act, 1958 came into effect which was later changed to Maharashtra Stamp Act, 1958 in the year 2015.

4th July, 1980:

Market value concept was introduced.
Stamp duty payable on market value or agreement value whichever is higher.
Earlier stamp duty payable on agreement value only.

10th December, 1985:

Stamp duty payable compulsory on Agreement for sale
Before that only Rs. 5 required and stamp duty payment required during agreement for sale

Eg: Building constructed in 1983 having 100 members and conveyance of building to society done in 2023

80 members bought flat in 1983: In 1983 – Had to pay Rs.5 as stamp duty applicable. In 2023 – Have to pay stamp duty as applicable

20 members bought flat in 1987: In 1987 – Had to pay stamp duty rate applicable. In 2023 – Have to pay Rs.100 only for deemed conveyance.

6. Stamp Duty on Gift deed

NOTE: 1% metro cess charged additional applicable since 8-2-2019

7. Stamp Duty Amnesty Scheme 2023 – 2024

7.1 what is the meaning of amnesty.

Forgiveness

Revenue and Forest department of Maharashtra has introduced Amnesty scheme to reduce stamp duty and penalties on specified instruments Previous scheme was launched in 2019

7.2 When was the scheme launched?

Stamp Duty Amnesty Scheme 2023 was introduced and declared by the Govt. of Maharashtra on 7th December, 2023 via Govt order: Mudrank-2023/C.R.No.342/M-1(Policy)

7.3 Time period for availing benefits

Scheme was launched in Two Phases for agreements between 1st January 1980 – 31st December 2020

PHASE 1: From 1st December 2023 to 31st January 2024 – 29th February, 2024
PHASE 2: From 1st February 2024 to 31st March 2024 – 1st March, 2024

Extended on 31st Jan, 2024 by Deputy Secretary – Shri Satyanarayan Bajaj

7.4 Instruments covered under this scheme

Instrument related to Conveyance
Agreement to sale
Sale Certificate
Agreement related to deposit of:
Title deeds
Hypothecation

For Residential/Non–Residential/Industrial use

Agreement or Memorandum of agreement relating to transfer of immovable property for purpose of residential use
Conveyance of allotment of residential/non-residential units from MHADA, CIDCO and SRA to slum dweller for purpose of rehabilitation under scheme
Conveyance of allotment of residential/non-residential units or houses in registered Co-op Housing Societies or any apartment whose Deemed Conveyance is pending
Any type of Development Agreement
Agreement to sell
Instrument of transaction of Assignment of developer rights

Related to redevelopment of any dilapidated old buildings or immovable property whose redevelopment is necessary

Any type of document related to:

Amalgamation
Arrangement
Reconstruction of companies

Any type of instrument executed by:

MHADA and its divisional board
Municipal Corporation
Municipal Council
Nagar Panchayat
Planning authorities like MIDC, SRA, etc.

First Allotment Letter or Share Certificate issued related to residential/non-residential units by Regd. Coop. Society on Government Land or by:

Municipal Corporation, Council or Nagar Panchayat
Approved planning authorities like MIDC, SRA, etc.

7.5 Benefits of the Scheme

If Instrument between 1st Jan 1980 – 31st Dec 2000 (Schedule – I) Phase I: From 1st December, 2023 to 29th February, 2024

If Instrument between 1st Jan 1980 – 31st Dec 2000 (Schedule – I) Phase II: From 1st March, 2024 to 31st March, 2024

If Instrument between 1st Jan 2001 – 31st Dec 2020 (Schedule – II) Phase I: From 1st December, 2023 to 29th February, 2024

If Instrument between 1st Jan 2001 – 31st Dec 2020 (Schedule – II) Phase II: From 1st March, 2024 to 31st March, 2024

7.6 General FAQs

Faq 1. what documents need to be submitted along with application for availing amnesty scheme.

Original Instrument on which some amount of stamp duty paid or specified allotment letter issued by authorities or CHS on Government land
Copy of Society Registration Certificate
Copy of BMC Assessment bill
Copy of IOD/CC/OC of building
Copy of Property Card
Copy of Share Certificate (front & back)
Copy of Aadhar Card & Pan Card along with 2 recent passport size photographs
Letter from society about details of flat/apartment
Authority Letter
Proof of having possession, like:
Electricity bill
Entry in Form A during society formation
Telephone bill
Election Card
Bank Passbook

FAQ 2. My agreement is on a piece of paper (without stamp paper), can I avail the benefit?

NOT ELIGIBLE for Amnesty Scheme
Any amount of stamp paper should be present

FAQ 3. If stamp duty and penalty paid before the Scheme was announced, can I claim refund?

NO REFUND shall be granted

FAQ 4. How to apply for Scheme and within how many days to do the payment?

Application to be made through Online mode through https://igrmaharashtra.gov.in website
Within 7 days of receipt of demand notice from Registrar, payment has to be made

FAQ 5. How to tell if stamp paper is real or fake?

We have to submit application to proper authority to verify the stamp paper along with the Original Copy of the instrument requesting to verify the stamp. The appropriate authority issues a certificate as the case may be.

Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

The statutory material is obtained only from the authorized and reliable sources
All the latest developments in the judicial and legislative fields are covered
Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
Every content published by Taxmann is complete, accurate and lucid
All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
The golden rules of grammar, style and consistency are thoroughly followed
Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied

To subscribe to our weekly newsletter please log in/register on Taxmann.com

Latest books.

R.K. Jain's Customs Tariff of India | Set of 2 Volumes

R.K. Jain's Customs Law Manual | 2023-24 | Set of 2 Volumes

R.K. Jain's GST Law Manual | 2023-24

R.K. Jain's GST Tariff of India | 2023-24

Everything on Tax and Corporate Laws of India

Author: Taxmann

Font and size that's easy to read and remain consistent across all imprint and digital publications are applied

Everything you need on Tax & Corporate Laws. Authentic Databases, Books, Journals, Practice Modules, Exam Platforms, and More.

Express Delivery | Secured Payment
Free Shipping in India on order(s) above ₹500
Missed call number +91 8688939939
Virtual Books & Journals
About Company
Media Coverage
Budget 2022-23
Business & Support
Sell with Taxmann
Locate Dealers
Locate Representatives
CD Key Activation
Privacy Policy
Return Policy
Payment Terms

India: Stamp Duty: A Brief Overview In The State Of Maharashtra

An infrastructure project involves, besides the actual project documents, finance documents, security documents etc. Dealing with land plays a critical role in most projects. The role of a legal counsel includes preparing, executing, vetting of these documents and structuring a wholesome transaction. As the costs of these projects are enormous so are the resultant implications on stamp duty. Since, the ISA, BSA (both defined later) and other stamp acts have diverse classifications of instruments under which each of them are covered, it is necessary for legal counsel to understand the background and nature of the stamp duty and its effects/impact on the entire project.

Stamp duty is a kind of tax, just like sales/income tax etc. and justifiably its basic purpose is to raise revenue for the Government. Thus, like any other tax, stamp duty must be paid in full and on time to the Government, with delays attracting penalties. Broadly speaking, stamp duty is levied on an instrument (and not on a transaction); stamp duty is payable on property (whether immovable/ movable or tangible/intangible) either on a fixed basis or on the basis of the consideration mentioned in the instrument as the case may be. In case of immovable property, there is an additional concept of valuation of the property, which is also taken into account while determining the stamp duty payable.

In India, the Indian Stamp Act, 1899 (ISA) is the Central Legislation while the States have their own local stamp acts to deal with issues arising within that particular State. The Bombay Stamp Act, 1958 which came into force on 16th February 1969 (BSA) is the law for stamp duty within the State of Maharashtra. Constitution of India empowers both the Parliament and the State Legislature to make provisions and laws for stamp duty within its ambit. Accordingly, ISA covers certain documents as specified therein. An instrument is defined under BSA to include every document by which any right or liability is, or purports to be created, transferred, limited, extended, extinguished or recorded, but does not include a bill of exchange, cheque, promissory note, etc. These documents that have been excluded, as aforesaid are governed under the ISA. The word 'document' is neither defined either in ISA nor the BSA and one needs to rely upon the Evidence Act, 1872 and The General Clauses Act, 1897 for its interpretation. With the enactment of Information Technology Act, 2000 the term 'document' also includes any electronic record as defined therein. Popularly, the words instruments and documents are used interchangeably.

Often the phrase 'duly stamped' is used in relation to an instrument. It connotes that an instrument bears an adhesive/impressed stamp of not less than the proper amount. Stamp papers can be validly purchased from the State 'authorized vendors' and in cases of high denomination, stamp duty can also be paid by way of franking the instrument again through the State authorized channels. A duly stamped document can be admitted as evidence in any lawful transaction or in a court of law with few exceptions under the criminal proceedings.

In Maharashtra, prior to 1st May, 1994 stamp papers could be purchased in the names of advocates or in any other name. However, thereafter stamp papers are to be purchased in the name of one of the parties to the instrument. Furthermore, the validity of stamp papers are restricted to a period of 6 months and if the stamp paper is used thereafter then it is deemed that the document is executed on ordinary paper without a stamp.

If an instrument falls within several descriptions in Schedule I of the BSA with different rates of duties, then the instrument is chargeable with the highest of the duty prescribed. In addition, BSA also prescribes methodology for adjudication (proper valuation), refund of duties, grievance processes and convictions etc. The Collector is normally authorized or vested with the power of adjudication. If a document is not stamped or adequately stamped, it is likely to be impounded.

Circumventing the instruments classifications with a view to avoid or reduce duties has long been historically established. In order to bring this circumvention/avoidance within the taxing network, the classifications of instruments, rates etc. are revised periodically. The Government is to promote certain industries, remit either in full or in part the stamp duty payable by such identified industries.

The Department of Registration and Stamps, Government of Maharashtra, the 2nd highest revenue earning department, had a vast presence with over 400 offices managed by 2500 employees and generates various job opportunities. It undertook an ambitious IT project called SARITA (Stamps and Registration Information Technology Based Administration) whereby all the sub registrar/district level/division level offices as well as the Head Quarters at Pune have been computerized and automated. SARITA has been operational since January 2001 and has registered more than 2 million documents with the estimated revenues exceeding Rs. 5000 crores.

The challenge for legal counsel in structuring documents arises to make it 'stamp duty friendly' with the different slabs and classifications available. Care needs to be taken as the documents attract duty on arrival within a State and with eager regulators around, it's best to be conformist in approach.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Login to Mondaq.com

Password Passwords are Case Sensitive

Forgot your password?

Why Register with Mondaq

Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms

Articles tailored to your interests and optional alerts about important changes

Receive priority invitations to relevant webinars and events

You’ll only need to do it once, and readership information is just for authors and is never sold to third parties.

Your Organisation

We need this to enable us to match you with other users from the same organisation. It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use.

Market Trends
Current News
Infrastructure
Locality Trends
Seller Corner
Commercial Realty
Budget 2022
Budget 2023
Budget 2024
Coronavirus
Citizen Services
Personal Finance
Construction Know-How
City Transport
PG / Co-Living
Celebrity Homes
Famous Monuments
Green Homes
Home Automation
Home Improvement
Shopping Hubs
Rent Receipt Online
Pay Rent Online
Rent Agreement Online
Personal Loan
Personal Loan EMI Calculator
Personal Loan Eligibility Calculator
Web Stories

Home » Property Trends » Stamp duty and registration charges in Maharashtra in 2024

Stamp duty and registration charges in Maharashtra in 2024

For every property transaction a buyer has to pay a certain amount of tax to the state government known as stamp duty and registration charges.

Table of Contents

What is stamp duty and registration charges on property in Maharashtra?

Stamp duty and registration charges in Maharashtra are charged under the Maharashtra Stamp Act. These have to be paid by the buyer to the Maharashtra state government while buying a property in the state.

What is Maharashtra Stamp Act?

The Maharashtra Stamp Act also known as Bombay Stamp Act 1958 applies to all the instruments mentioned in Schedule 1, on which the stamp duty Maharashtra is payable to the state. Recent amendments in the Act include a revision of

gift deed stamp duty Mumbai /gift deed stamp duty Mumbai
inclusion of e-payment of stamp duty Maharashtra
revision of penalty clauses
increment of stamp duty in Maharashtra under certain instrument clauses.

See also: Property registration online process and charges in India

Stamp duty Maharashtra: Factors on which it is based

Age of the person: If the home buyer is a senior citizen, there is a likelihood of him/her getting a reduction in stamp duty in Maharashtra.
Gender: To encourage women home buyers, the stamp duty for women is less than men home buyers in Maharashtra.
Age of the property: Based on the ready reckoner rate, if a person invests in an old property, he may get a reduced stamp duty in Maharashtra. However, if the property is a new property, then, there are chances that the stamp duty in Maharashtra will be high.
Type of property: According to stamp duty and registration charges in Maharashtra, a residential property commands lesser stamp duty than a commercial property .
Area of the property: The locality in which the property is located has an impact on the stamp duty.
Market value of the property: The market value of a property determines the kind of stamp duty that will be attached to it. More the market value, the greater will be the stamp duty that the homebuyer will have to pay.

See also: All about Maharashtra rent agreement stamp duty and registration laws

What are the tax benefits for paying stamp duty in Maharashtra?

Under section 80C of the Income Tax Act, one can avail income tax deductions for payments against stamp duty and registration charges and cess charges. However, note that the total IT deduction under Section 80C is not more than Rs 1.5 lakh.

Stamp duty and registration charges in Maharashtra in 2024

Know about: Dombivli east pin code

Properties in urban areas that fall under Municipal Corporation or Municipal Council limits have to pay 1% of the property value as cess/local body tax or / transport surcharge. This is used for funding transport infrastructure projects including metros, bridges, flyovers, etc. in the cities of Maharashtra
Properties in rural areas which fall under Gram Panchayat and not under the jurisdiction of any Municipal Corporation or Municipal Council have to pay 1% of property consideration value as Zilla Parishad cess instead of cess/ surcharge.
Properties in areas falling under Nagpur Municipal Corporation (NMC) and Nagpur Improvement Trust (NIT) jurisdiction have to pay an additional surcharge of 0.5% over and above the 1% cess/surcharge that is payable.

Check out: Sale flat in Pune

Stamp duty of resale flat in Mumbai 2024

Pin code: Bandra pin code

Stamp duty in Navi Mumbai 2024

Check out Tamil Nadu stamp duty

Stamp duty and registration charges Maharashtra on different deeds

See also: Everything about land survey maps online Maharashtra

Gift deed stamp duty Maharashtra

According to Article 34 of the Maharashtra Stamp Act, which was amended in 2017, gift deed stamp duty Mumbai and other parts of Maharashtra is 3% of the property’s value.
If the property in consideration is a residential or agricultural property and is gifted (without any payment) to family members, then the stamp duty on gift deed in blood relation in Maharashtra is Rs 200.

Stamp duty 2023 in Maharashtra on lease deed

In Maharashtra, all the lease agreements have to be registered. The leave and license agreements have to be stamped by a paying a stamp duty of 0.25% of the total rent.

Stamp duty 2024 in Maharashtra on Power of Attorney

The stamp duty on Power of Attorney (POA) document is based on the Maharashtra Stamp Act, 1958 and the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995.
In Mumbai, the stamp duty to be paid for a POA document is 0.25% of the property’s market value. A property’s market value depends on the government guidelines that is established in that state.

Stamp duty 2024 in Maharashtra for redeveloped housing projects

Under section 4 (1) of the Maharashtra Stamps Act, a nominal stamp duty of Rs 100 will be charged for all Permanent Alternative Accommodation Agreements (PAAAs) of redevelopment projects. Note, if society members are getting additional carpet area free in their homes, they have to pay stamp duty as per the free area.

Stamp duty and registration charges in Maharashtra: No l ock-in rule for women

The Maharashtra government scrapped the 15-year cap that it has imposed on women home buyers in return for availing 1% rebate on stamp duty. With this amendment, women home buyers can sell properties to male buyers anytime even after availing the 1% rebate on stamp duty charges. Note that women home buyers get a rebate of 1% on stamp duty charges only on residential properties. This is not valid on commercial and industrial properties.

What is the concession on stamp duty charges Maharashtra for investors?

The Maharashtra government has extend the stamp duty waiver period for investors up to three years. Previously, the investors in order to earn benefit of the waiver will sell the properties within one year if buying it. In such deals, the stamp duty is paid only on property’s price difference rather than on the whole amount.

What are ready reckoner rates in Maharashtra?

Ready reckoner rate is the minimum value that an area commands below which it cannot be sold. This parameter is very important to calculate Stamp duty and registration charges in Maharashtra. It depends on:

Location: Mumbai is divided into 19 zones that are further classified into 221 sub zones.

Type of property: While commercial property has high ready reckoner rate, the residential property enjoy a lower ready reckoner rate. Again, ready reckoner rate value differs in a residential property too- it’s different for independent house or villa and a flat that are both located in the same area.

Property market value: Ready reckoner rate is based on the market value of the property. Any amenities that are present with the property further impact the ready reckoner rate.

See also: All about land records Karnataka

Ready reckoner rate FY24-25

Stamp duty in Maharashtra is calculated using ready reckoner rates and the property value mentioned in the buyer-seller agreement. For instance, stamp duty in Mumbai for a property located in the municipal limit of urban areas will be 5% of the market value, while a property located within the limits of any gram panchayat will attract 3% stamp duty in Mumbai of the market value.

As per a notification from the state revenue department, the Maharashtra ready reckoner rate for FY24-25 remains unchanged. The last time Maharashtra had revised the ready reckoner rate was in 2022.

How to calculate stamp duty in Maharashtra 2024?

To know approximate the stamp duty to be paid, you can use the stamp duty calculator under stamps section on the IGR Maharashtra website and you will be led to the next page.

See also: Everything about house registration process in Telangana

Choose from the options for which you need to calculate the stamp duty.

For instance, if you want to know stamp duty to be paid in Mumbai on sales deed, then click on sales deed and you will be led to the following page.

Click on municipal corporation, you will be led to

On clicking on Mumbai municipal corporation, you will reach

where you have to enter the consideration value and market value and click on submit and you will get the approximate stamp duty value to be paid.

If the ready recokner rate for the flats in the Bandra is Rs 85,000 per sqft, the minimum value of a 1,000 sqft flat in the Bandra will be around Rs 8,50,00,000. As per Article 25(b)(a) of the Maharashtra Stamp Act, the total stamp duty including local taxes is Rs 42,50,000.

Property registration charges in Maharashtra

The property registration charges in Maharashtra are 1% of the total cost for the properties priced below Rs 30 lakh and capped at Rs 30,000 for properties priced above Rs 30 lakh.

Also read: Stamp duty on property registration in Gujarat

If an apartment in Maharashtra is being sold for Rs 60 lakh, the registration fee will be Rs 30,000 as the land value is above Rs 30 lakh. However, if the value of a property is Rs 20 lakh, the registration charges will be 1% of Rs20 lakh that is Rs 20,000.

How to pay stamp duty in Maharashtra 2024 online?

The most convenient method of paying stamp duty Maharashtra is e-stamping. In this the stamp duty in Maharashtra is paid using RTGS or NEFT. What is an added advantage of this way of paying Maharashtra stamp duty is an applicant would not be able to submit fake documents.

Step 1: Visit the Maharashtra Stamp Duty online payment portal.

Step 2: Click ‘Pay Without Registration’ if you are not registered with the Maharashtra stamp duty portal. If you are a registered user, fill in the login details on the Maharashtra stamp duty portal.

Step 3: If you have selected the ‘Pay Without Registration’ option, you will be redirected to another page on the stamp duty in Maharashtra portal, where you have to choose ‘Citizen’ and select the type of transaction you want to do.

Step 4: Choose ‘Make Payment to Register your Document’. Now, you can opt for paying the stamp duty and registration charges together, or stamp duty only, or registration charges only.

See also: All about Vasai virar property tax

Step 5: Fill in the details as required such as district, sub-registrar’s office, payment details, party details, property details and property value details in the stamp duty and registration charge website.

Step 6: Choose the payment option for stamp duty and registration charges payment and proceed once done, generate the challan from the stamp duty and registration charge website, which has to be presented at the time of execution of the deed

If you are stuck at any step or you want to generate your challan again, you can drop a mail to [email protected]

Learn about: section 10 10d

What is challan?

A challan is a digital document that mentions the stamp duty that has been paid .You can search a challan on the Mahakosh portal.

How to search challan on Mahakosh portal?

While you can pay the stamp duty and registration charges in Maharashtra 2023 using the Mahakosh portal, you can also use it to search a challan online.

Login to https://gras.mahakosh.gov.in/echallan/ and click on ‘Search Challan’ on the homepage.
A new page will open where you have to enter department, district/ treasury, amount, bank, CIN, GRN, payment gateway captcha and click on search.

Note that challans between April, 1 2008 to March 31, 2017 are archived. You can get the copy of challan by clicking on archived challan tab.

Click on Search Challan for sales tax department if you want challan for the sales tax department.

Enter details like department, MSTD Location, Bank, Amount, GRN, CIN, Captcha and click on Search.

Know about: Penthouses in Pune

List of available banks for E-challan

Click on ‘All Major Banks, Debit Card, Credit Card are Accepted’ on the Mahakosh portal.

See also: All about Satara (Maharashtra)

Stamp duty and registration charges in Maharashtra: Ways to pay offline

Stamp paper: Stamp duty can be paid using Stamp paper where details of the agreement are written on a paper that is signed by the authorised person once checked. After this the stamp paper is registered at the sub-registrar office after a period of four months.
Franking: In this, the stamp duty Maharashtra is paid where in the agreement is printed on a paper that is then submitted to an authorised bank. Once submitted, the documents for stamp duty payment are processed with the help of franking machine.

Stamp duty refund in Maharashtra: Eligibility

The stamp duty paper is not fit for use due to writing mistakes.
The stamp paper is unsigned and complete or partial information is filled but is intended not to be used.
The stamp paper is signed but the transaction is found to be illegal by the party as per Section 31 of Specific Relief Act.
The court finds the transaction to be entirely illegal since the beginning (Void /ab/ initio) as per Section 31 of Specific Relief Act.
The person whose signature is essential refuses to sign or has died before signing.
Any party to the stamp paper document declines signing it.
Any party to the stamp paper document does not comply with the terms and conditions.
The value of the stamp for the document is insufficient and the transaction has been completed by using another stamp paper with the correct value.
The stamp duty paper is spoiled and both parties have executed another stamp paper document for the same purpose.

See also: Importance of AP stamps and registration deed details

How to get stamp duty Maharashtra refund?

To initiate stamp duty Maharashtra refund, it is compulsory to enter information through the online system. Once the information is fed online and a token is allotted, you have to submit the application offline. Mentioned below is the procedure in detail.

See also: All about token money, GST and stamp duty refund when a property deal is cancelled

First you have to log on to the website of IGR Maharashtra and select online services. Here, you have to click on the stamp duty Maharashtra refund application link. Alternatively, you can go to https://appl2igr.maharashtra.gov.in/refund/

Stamp Duty & Registration Charges in Maharashtra

Here, click on the check box on understanding the terms and conditions and click on New Entry. Enter mobile number, OTP and captcha.

Then, you will get the stamp duty Maharashtra refund token number. Now create password, confirm password, enter captcha and press ‘Submit’.

For a stamp duty Maharashtra refund, firstly one has to enter all their personal details, their bank account number and the reason for the refund. One has to enter all information about the document like if it is executed or not, registered or not etc. in the particulars of the document.

If the document is registered, and you want a stamp duty refund in Maharashtra , you have to enter the document number, date and SRO details. Likewise, cancellation deed if registered, then registration number and SRO details should be entered.

Next you have to enter particulars of the stamp including the type- whether it is e-payment, e-SBTR or franking, name of the stamp vendor along with his address, name and details of purchaser of stamp, value of stamp etc. On entering all stamp related details, an ‘Image Code’ in red will appear. You will have to mention that code in the blank frame and press on the ‘register’ button. Post this, your stamp duty in Mumbai/ stamp duty Maharashtra refund information is submitted and you will see the ‘acknowledgement‘ tab . Enter your stamp duty in Mumbai/ stamp duty Maharashtra refund token number in the application that has to be submitted to the office of collector of stamps for initiation of stamp duty refund Maharashtra.

Stamp duty and registration charges: Notice of intimation charges

Stamp duty and registration charges on past property documents.

While the Maharashtra Stamp Act empowers the collector of a district, to call for documents within a period of 10 years from the registration date of such documents, to verify if the appropriate duty has been paid on the deed, the Bombay High Court has held that stamp duty cannot be collected for inadequately stamped past documents, at the time of its subsequent sale.
Moreover, according to stamps and registration charges in Maharashtra, if the historical documents are liable to be stamped, the stamp duty shall be recovered only at the market rate prevalent when the transaction took place. Thus stamp duty and registration charge cannot be applied on a retrospective basis.

Stamp duty and registration charges in Maharashtra : Amnesty scheme 2023

Under the Maharashtra government’s Mudrank Shulakh Abhay Yojana 2023, stamp duty and penalty that is imposed due to deferred payment for deeds registered or unregistered between January 1, 1980 and December 2020 will be waived off.

Why is the amnesty scheme 2023 important?

It is necessary because there are many sale agreements, conveyance deeds and documents that are not stamped under the Maharashtra Stamp Act. Insufficient stamp duty on stamp duty doesn’t legalise the property documents. To legalise one has to pay the deficit stamp duty and penalty, which may burden the people as this may even be up to 400% of the stamp duty.

Through this amnesty scheme , IGRS Maharashtra will collect revenue on all property documents that are not stamped properly by giving a relief on the penalty amount.

All the documents should be executed on stamp paper that is bought from the authorised IGRS vendors, franking centre. In case the property documents are executed on fake papers, f the documents are executed on bogus stamp papers, such owners won’t benefit of the amnesty scheme.

Also read all about IGR Maharashtra document search

Maharashtra amnesty scheme 2023: Timeline

IGR Maharashtra issued a directive detailing the percentage of waivers to be granted under the scheme.To download details related to regularising the property documents, go to IGR Maharashtra website and click on Abhay Yojana present on the right side of the page.

The Maharashtra Stamp Duty Abhay Yojana 2023 under Stamp collector 53 A has been published under Abhay Yojana. This can be accessed on https://igrmaharashtra.gov.in/Home/abhay_yojana .

Citizens should contact the office of Joint District Registrar and Stamp Collector of the concerned district to take advantage of this.

You will reach the following page. Click on the area where the property is present and click on download.

You will get all details related to your property and how you can avail the amnesty scheme offer.

See also: Bombay HC rules stamp duty cannot be charged for past tran sactions

Stamp duty and registration charges in Maharashtra 2024: Adjudication

According to Section 31 of Maharashtra Stamp Act, any person who is party in the instrument can apply to Collector of Stamps along with the instrument for his opinion about Stamp Duty applicable

Click on Adjudication under stamps on the IGRS Maharashtra page. You will reach

Here, enter username, password, captcha and login. If you don’t have username and password, click on Sign up and register first.

After login in, in this, page a person can

Enter the data relating to his application.
Upload the copy of instrument as well as the other proofs.
Know the status of his application.
Know the query / requirement and to comply it.
To get the copies of notices and orders (if any).

Application for Section 10D of Maharashtra Stamp Act

Section 10D of Maharashtra Stamp Act mentions that the notified institutions, bodies etc. ensures the proper stamp duty has been paid on the notified types of documents by e-payment mode. You can access https://appl2igr.maharashtra.gov.in/section10d/LoginPG.aspx

The application helps the notified institutions, bodies

Register and to create login ids for their branches.
Enter data and to stamp duty calculation
Pay the stamp duty online.
Verify and deface online payment.
Upload batch file & do bulk payment
Generate the certificate.
Generate various reports.

See also : Know all about Mahafood ration card Maharashtra

Housing.com POV

Stamp duty and registration charges are to be known by anyone who is looking at buying a property in Maharashtra. These charges are over and above the cost of the property and thus these have an impact on the budget that you set aside for your property purchase. It is a good idea to know of the various options you can avail of such as buying a property in your wife’s name if buying in Maharashtra, as in this state the stamp duty for women is 1% less than that of men. However, this is not applicable in case of joint registration.

When should the stamp duty on gift deed in Maharashtra be stamped?

According to the Maharashtra Stamp Act, all instruments should be stamped before or at the time of execution, or on the next working day following the date of execution. However, if the deed is executed out of the territory, it can be stamped within three months after it is first received in India.

Whose name should be on the stamp duty Maharashtra papers?

The stamp duty Maharashtra papers must be in the name of one of the parties to the transaction and not in the name of the chartered accountant or lawyer of the parties. Also, the date of issue of the stamp paper in Maharashtra for stamp duty must not be more than six months older than the date of the transaction.

How can stamp duty be paid?

Maharashtra stamp duty can be paid by way of adhesive or impressed stamps on the deed. Additionally, the adhesive stamps used on the deed is cancelled at the time of execution so that it is not available for reuse.

What is stamp duty Maharashtra based on- ready reckoner rate or consideration value of property?

For property sale documents, Stamp Duty Maharashtra is payable on whichever is higher- the consideration value of the property that is mentioned in the document or the ready reckoner rates /circle rates that are decided by the government.

Will stamp duty be reduced in 2024 in Maharashtra for developers of integrated townships?

Currently no such announcement has been made by the Maharashtra government. A 50% stamp duty concession for developers of integrated township projects in Thane, Navi Mumbai and Pune was announced by the Maharashtra government in 2023. However, this won’t be applicable to projects in Mumbai and Lonavala.

How can I lower stamp duty in India?

You can register the property in a women’s name, register under-construction property at lower undivided share and avail of tax benefits on stamp duty.

How can I get stamp duty refund stamp in Maharashtra?

The application of refund of stamp duty can be made within two years from the date of cancellation of the sale deed.

How to initiate stamp duty refund?

To initiate stamp duty refund in Maharashtra, you have to enter the information online and get a token. With this token, you have to submit the stamp duty refund form offline.

😃 ( 101 )
😐 ( 16 )
😔 ( 13 )

With 16+ years of experience in various sectors, of which more than ten years in real estate, Anuradha Ramamirtham excels in tracking property trends and simplifying housing-related topics such as Rera, housing lottery, etc. Her diverse background includes roles at Times Property, Tech Target India, Indiantelevision.com and ITNation. Anuradha holds a PG Diploma degree in Journalism from KC College and has done BSc (IT) from SIES. In her leisure time, she enjoys singing and travelling. Email: [email protected]

Maharashtra extends project completion deadlines by 9 months.

Emerging locations in the top 5 metros.

Demonetisation: Urban local bodies in Maharashtra collect over Rs 1,000 crores.

Should you buy a house now or wait for the Real Estate Regulation Act?.

Housing sales increase in Q2 FY2019, led by Mumbai, Pune and Chennai: PropTiger.com Realty Decoded report.

Maharashtra keeps ready reckoner rates unchanged for FY24.

Recent Podcasts

Keeping it Real: Housing.com podcast Episode 45

article 34 of maharashtra stamp act
difference between bombay stamp act and maharashtra stamp act
maharashtra stamp act 2020
maharashtra stamp act in Marathi
Navi Mumbai
stamp duty on service agreement in Maharashtra

Bringing you the Best Analytical Legal News

Works contract and Levy of Stamp Duty under the Maharashtra Stamp Act

by Dormaan Dalal*

Click to share on Facebook (Opens in new window)
Click to share on Twitter (Opens in new window)
Click to share on LinkedIn (Opens in new window)
Click to share on WhatsApp (Opens in new window)
Click to print (Opens in new window)
Click to email a link to a friend (Opens in new window)
Click to share on Telegram (Opens in new window)
Click to share on Reddit (Opens in new window)
Click to share on Tumblr (Opens in new window)
Click to share on Pinterest (Opens in new window)
Click to share on Pocket (Opens in new window)
Click to share on Skype (Opens in new window)

I. INTRODUCTION

One of the most frequently raised objections during the course of arbitration proceedings pertain to the inadmissibility of unstamped documents. This objection can generally be raised before the arbitrator under Section 16 [1] of the Arbitration and Conciliation Act, 1996 (“the Arbitration Act”) which permits the arbitral tribunal to rule on its own jurisdiction including on the validity of the arbitration agreement.

With the decision of the Supreme Court in Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engineering Ltd. [2] , such objections have become even more frequent, coupled with the fact that the Court now is obligated to impound and send a document containing an arbitration clause for adjudication to the stamping authorities at the stage of Section 11 [3] of the Arbitration Act, prior to appointing an arbitrator, if the document is unstamped or insufficiently stamped.

However, whether a document containing an arbitration clause (or any document for that matter) requires stamping or not becomes a little more complicated while dealing with documents such as tender documents where a particular tender is awarded to a contractor/sub-contractor who is expected to perform a particular component of work in a large project. Examples of such contract may include contracts setting up an industrial plant or a power plant, where a contract is awarded to a particular contractor to install pipelines as per the project specifications or to install drainage lines in an under construction building as per the specifications in a building contract. Such types of contracts are commonly called purchase orders, work orders or “ works contract ”. The question that arises is whether all such contracts can be termed as works contracts and if so, how are they supposed to be taxed/stamped?

Supposing a contractor is awarded a job to install pipelines or to carry out electrification in a major project with or without purchase and supply of any goods or material for the same, then can this type of job be termed as a works contract and is it thus required to be stamped? Are the supply and sale of goods in any form an essential ingredient of a works contract? And what are the tax implications on such work orders when it comes to stamping?

The purpose of this article is to examine these issues by examining the evolution of the law relating to works contracts and then ultimately examining the issue of levy of stamp duty on works contract under the Maharashtra Stamp Act, 1958 [4] (“the Maharashtra Stamp Act” or “the said Act”). This article is divided into four parts. In this part, namely, Part I, the author has given his introduction to the article. In Part II, the author will examine the nature, meaning and scope of works contracts through various Supreme Court decisions. Part III of the article will examine when stamp duty can be levied on works contracts under the Maharashtra Stamp Act and in Part IV the author will conclude with concluding comments.

II. NATURE, SCOPE AND MEANING OF WORKS CONTRACTS

1.The most recent decision of the Supreme Court that authoritatively deals with this issue was handed out by the five-Judges Constitution Bench in Kone Elevators India (P) Ltd. State of Tamil Nadu [5] ( Kone ) delivered prior to the introduction of the GST regime. A reference was made to the Constitution Bench for its consideration on whether manufacture, supply and installation of lifts is to be treated as “sale” or “works contract”. [6]

2. The issue before the Constitution Bench was whether a contract for manufacture, supply and installation of lifts in a building is a “contract for sale of goods” or a “work contract”. [7] While in case of a contract for sale of goods, the State Legislature had the power to levy sales tax or Value Added Tax (VAT) on the entire sale consideration, in case of works contracts, “consideration payable or paid for the labour or service element would have to be excluded from the total consideration received” and sales tax or VAT would be charged on the balance amount. [8]

3. Dipak Misra, J. who delivered the majority judgment analysed the law laid down by the Supreme Court in two phases: (1) prior to the insertion of clause (29-A) in Article 366 of the Constitution of India, 1950 (“the Constitution”) by the 46 th Amendment in 1982 [Article 366(29-A)(b)] [9] ; and (2) after the 46 th [10]

4. One of the decisions referred to in the majority judgment in Kone [11] was delivered in 1958 by a Constitution Bench of the Supreme Court in State of Madras v. Gannon Dunkerley & Co. (Madras) Ltd. [12] ( Dunkerley 1 ) that set the base of future decisions on the issue. In Dunkerly 1 , the issue before the Court concerned a levy faced by an assessee in respect of goods sold in relation to a works contract (building contract) under the Madras General Sales Tax Act, 1939. [13] The Bench in Dunkerley 1 held that in a building contract which was one entire and indivisible contract, there was no sale of goods and it was not within the competence of the Provincial Legislature to impose tax on supply of materials used in such a contract. [14] The other decisions also referred to by the majority included decisions delivered in Carl Still GmbH v. State of Bihar , [15] State of Madras v. Richarson & Cruddas Ltd. , [16] State of Punjab v. Associated Hotels of India Ltd. [17] . All these judgments held that a works contract could not have been liable to be taxed under the State Sales Tax Laws and whether the contract was a works contract or a contract for sale of goods was dependent on the dominant intention as reflected from the terms and conditions of the contract. [18] The Court in Kone [19] observed that as the aforesaid decisions of the Supreme Court were delivered prior to the 46 th Amendment, the State Legislatures did not have legislative competence to levy sales tax, Entry 54 List II of the Seventh Schedule to the Constitution on an indivisible contract of sales of goods which had component of labour and service and “it would not be possible for the assessing officer to dissect an indivisible contract to distinguish the sale of goods constituent and labour and service constituent”. [20]

5. To undo the aforesaid decisions, in 1983, Parliament amended the Constitution by the 46 th Amendment by inserting clause (29-A) in the definition article of the Constitution, namely, Article 366. As per Article 366(29-A)(b) “tax on the sale or purchase of goods” includes “a tax on the transfer of property , in goods (whether as goods or in some other form) involved in the execution of a works contract” and “such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of goods by the person to whom such transfer, delivery or supply is made.” [21] The constitutional amendment was challenged before the Supreme Court who rejected the challenge in Builders’ Assn. of India v. Union of India (“ Builders’ Assn. ”). [22]

6. In Builders’ Assn. the Court observed that the object of clause (29-A) was to enlarge the scope of tax on sale and purchase of goods to include transfer, delivery or supply of goods. [23] The Court also opined that it was “open to States to segregate works contracts into two separate components or contracts by legal fiction, namely, contract for sale of goods involved in the works contract and for supply of labour and service.” [24] However, all such transfers, deliveries and supplies of goods are subject to the restrictions set out in clauses (1) to (3) of Article 286 of the Constitution [25] [clause (3) has since been omitted by the 101 st Amendment to the Constitution [26] in September 2016]. This was once again reiterated by the Supreme Court in Gannon Dunkerley and Co. v. State of Rajasthan [27] ( Gannon Dunkerley 2) . In Gannon Dunkerley 2 , the Court while referring to Builders’ Assn. [28] stated that as a result of the 46 th Amendment, a single and indivisible contract has been altered by legal fiction into a contract which is divisible into one for sale of goods and the other for supply of labour and services thereby bringing such an indivisible contract on par with a contract containing two separate agreements. [29]

7. The majority in Kone [30] thereafter referred to the decision of the three-Judges Bench of the Supreme Court in Larsen and Toubro v. State of Karnataka [31] (“ Larsen and Toubro” ) that has explained the expression “whether as goods or in some other form” [32] used in parenthesis in clause 29-A(b). In Larsen and Toubro , the Court referred to the term “goods” used in Article 366(12) and held that the term is inclusive, has a broader meaning than merchandise and includes all materials, commodities and articles including chattels and movables. The Court then observed that “goods in some other form” in Article 366(29-A)(b) would thus mean “goods which have ceased to be chattels or movables or merchandise and become attached or embedded to earth. In other words, goods which have by incorporation become part of immovable property are deemed as goods.” [33] In Larsen and Toubro [34] , the Court further held that the dominant intention of the contract was immaterial and regardless of the dominant intention of the contract, States had the power to levy sales tax on the materials used in a contract. [35]

8. Eventually, the majority in Kone [36] summarised the characteristics and scope of works contracts after the 46 th Amendment which are:

“(i) the works contract is an indivisible contract but, by legal fiction, is divided into two parts, one for sale of goods, and the other for supply of labour and services;

(ii) the concept of “dominant nature test” or, for that matter, the “degree of intention test” or “overwhelming component test” for treating a contract as a works contract is not applicable;

(iii) the term “works contract” as used in clause (29-A) of Article 366 of the Constitution takes in its sweep all genre of works contract and is not to be narrowly construed to cover one species of contract to provide for labour and service alone; and

(iv) once the characteristics of works contract are met with in a contract entered into between the parties, any additional obligation incorporated in the contract would not change the nature of the contract.” [37]

III. WHEN CAN STAMP DUTY BE LEVIED ON WORKS CONTACT UNDER THE MAHARASHTRA STAMP ACT?

1. In the Maharashtra Stamp Act, under Section 30(f-a) [38] of the Act (that was inserted by an amendment in 2015 [39] ), the stamp duty for instruments of works contract as provided in Article 63 of Schedule I has to be paid by the person receiving the contract. Works Contract under Article 63 would mean, “a contract for works and labour or services involving transfer of property in goods (whether as goods or in some other form) in its execution and includes a sub-contract.” [40] Article 63 of the Act is couched in far broader terms than Article 366(29-A)(b) of the Constitution. It not only includes sub-contracts but also “labour or services involving transfer of property”. Close examination of Article 63 would show that stamp duty has to be paid on contracts for (i) both works and labour or services (ii) involving transfer of property (iii) in goods whether as goods or in some other form. These three conditions have to be satisfied in order for stamp duty to be levied.

2. Strictly for the purpose of this article, in order to analyse the issue further, it would be necessary to examine the meaning of certain words given in other statutes. While, it is true that the author would be committing a cardinal sin of statutory interpretation by referring to one statute to ascertain the meaning of an expression in another statute which is not pari materia to the former (see Bangalore Turf Club Ltd. v. Regional Director, Employees’ State Insurance Corp. [41] ), the author is attempting this exercise purely for the academic purposes of this article and not otherwise. This is the only caveat.

3. The Maharashtra Stamp Act does not define “Works Contract”. However, the expression is defined under Section 2(119) of the Central Goods and Services Tax Act, 2017 [42] (“the GST Act”) which reads thus,

“ works contract ” means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract;”

(emphasis supplied)

4. The commonality in both Article 63 of the Maharashtra Stamp Act and Section 2(119) of the GST Act is the expression “ transfer of property in goods” .

5.Black’s Law Dictionary [43] , defines the term “ transfer ” as under,

“TRANSFER, v. To convey or remove from one place, person, etc., to another; pass or hand over from one to another; specif., to make over the possession or control of (as, to transfer a title to land); sell or give.

TRANSFER, n. An act of the parties, or of the law, by which the title to property is conveyed from one person to another.”

6. “ Transfer of property ” though not defined in the Maharashtra Stamp Act or the GST Act, is defined in Section 5 of the Transfer of Property Act, 1882 which reads thus,

“ In the following sections “transfer of property” means an act by which a living person conveys property , in present or in future, to one or more other living persons, or to himself, [or to himself] and one or more other living persons; and “to transfer property” is to perform such act.

In this section, “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.”

7. Therefore, from what is mentioned above, it is quite clear that for transfer to take place, there must be “conveyance”. The term conveyance is defined in Section 2(g) of the Maharashtra Stamp Act in the following manner:

(g) “ Conveyance ” includes ,—

(i) a conveyance on sale,

(ii) every instrument,

(iii) every decree or final order of any civil court,

(iv) every order made by the High Court under Section 394 of the Companies Act, 1956 or every order made by the National Company Law Tribunal under Sections 230 to 234 of the Companies Act, 2013 or every confirmation issued by the Central Government under sub-section (3) of Section 233 of the Companies Act, 2013, in respect of the amalgamation, merger, demerger, arrangement or reconstruction of companies (including subsidiaries of parent company) ; and every order of Reserve Bank of India under Section 44-A of the Banking Regulation Act, 1949 in respect of amalgamation or reconstruction of banking companies; by which property, whether moveable or immoveable, or any estate or interest in any property is transferred to, or vested in, any other person, inter vivos and which is not otherwise specifically provided for by Schedule I ;

Explanation .—An instrument whereby a co-owner of any property transfers his interest to another co-owner of the property and which is not an instrument of partition, shall, for the purposes of this clause, be deemed to be an instrument by which property is transferred inter vivos ;

8. Conveyance is also defined under Section 2(10) of the Stamp Act, 1899:

“conveyance includes a conveyance on sale and every instrument by which property, whether moveable or immovable, is transferred inter vivos and which is not otherwise specifically provided for by schedule I” (emphasis supplied)

9. Both the definitions in the Maharashtra Stamp Act as well as the Stamp Act, 1899 are inclusive and not exhaustive. However, the root word “convey” is not defined in either of the Acts. Assistance may once again be made to Black’s Law Dictionary [44] which defines convey as,

“To pass or transmit the property from one another; to transfer property or the title to property by deed or instrument under seal. Used popularly in sense “assign,” “sale,” or “transfer.” ”

10. From what is stated above, it can be concluded that for the purpose of Article 63 of the Maharashtra Stamp Act,

a) a Works Contract would be a contract “for works and labour or services” and not only for works “ or ” only for labour or services. Both work and labour or work and services need to be included in the contract.

b) a Works Contract would attract stamp duty if the contract involves a transfer of property in goods .

c) the transfer of property in goods takes place through conveyance which involves a transfer of title in goods.

11. Therefore, in the author’s view, for the purpose of the Maharashtra Stamp Act, stamp duty can be levied under Article 63 only when a contract for works and labour or services involves a transfer of property and not otherwise. It will not apply for those contracts where solely labour services or other such services are availed.

12. To illustrate, supposing a contractor for a steal fabrication project hires a sub-contractor to lay pipelines for which the contractor will provide all material and the sub-contractor only has to lay and assemble the pipelines, then such a contract would not be a works contract as the sub-contractor does not transfer any property in goods . At the most, such a contract would be a Hiring Agreement or Agreement of Service under Article 34, Schedule I to the Maharashtra Stamp Act for which stamp duty of One Hundred Rupees would be levied under Article 5(B) [45] of the said Act. However, if in a given contract, responsibility is assigned to the sub-contractor to purchase the pipelines and material for the same and then lay such pipelines, this would certainly be a case which includes “labour or services involving transfer of property in goods, whether as goods or in some other form” and therefore the provisions of Article 63 would certainly be attracted.

IV. CONCLUDING COMMENTS

While the Supreme Court has eliminated much of the confusion surrounding the meaning of work orders, it would be advisable for the State Legislature to amend Article 63 of the Maharashtra Stamp Act with an explanation in the article clarifying that contracts solely involving labour or services that do not include transfer of property in goods are not works contract for the purpose of Article 63. Such an explanation/clarification would go a long way in minimising legal challenges to contracts on the grounds of insufficiency or non-payment of stamp duty.

*****************************

* The Author is a practicing Advocate at Bombay High Court and National Company Law Tribunal, Mumbai

[1] Section 16. Competence of arbitral tribunal to rule on its jurisdiction

[2] (2019) 9 SCC 209

[3] Section 11. Appointment of Arbitrators

[4] Maharashtra Stamp Act, 1958

[5] (2014) 7 SCC 1 .

The majority judgment was delivered by Dipak Misra, J. for himself, R.M. Lodha C.J., A.K. Patnaik and S.J. Mukhopadhaya, JJ. The dissenting opinion was delivered by F.M. Ibrahim Kalifulla, J.

[6] Ibid p. 14 para 2. The order of reference is dated 13 th February, 2008 in Kone Elevator (I)(P) Ltd. v. State of T.N., (2010) 14 SCC 788.

[7] Ibid, p. 14 para 3

[9] Article 366 (29-A) ―tax on the sale or purchase of goods includes—

(b) a tax on the transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract;

and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of goods by the person to whom such transfer, delivery or supply is made

[10] (2014) 7 SCC 1 at p. 21 para 18.

[11] (2014) 7 SCC 1

[12] AIR 1958 SC 560

[15] AIR 1961 SC 1615

[16] (1968) 21 STC 245 (SC)

[17] (1972) 1 SCC 472

[18] (2014) 7 SCC 1 at pp. 25, 26 para 31

[19] (2014) 7 SCC 1

[21] Supra Note 9.

[22] (1989) 2 SCC 645

[23] Ibid pp. 669-670 para 32

[24] (2014) 7 SCC 1 at p. 27 para 34

[25] 286. Restrictions as to imposition of tax on the sale or purchase of goods.—

(1) No law of a State shall impose, or authorise the imposition of, a tax on the supply of goods or of services or both, where such supply takes place—

(a) outside the State; or

(b) in the course of the import of the goods or services or both into, or export of the goods or services or both out of, the territory of India.

(2) Parliament may by law formulate principles for determining when a supply of goods or of services or both in any of the ways mentioned in clause (1).

[26] Constitution (One Hundred and First Amendment) Act, 2016

[27] (1993) 1 SCC 364

[28] (1989) 2 SCC 645

[29] (1993) 1 SCC 364 at p. 388 para 35

[30] (2014) 7 SCC 1

[31] (2014) 1 SCC 708

[32] Supra note 9.

[33] (1989) 2 SCC 645 at pp 744-745, para 56

[34] (2014) 1 SCC 708

[35] (1989) 2 SCC 645 at p. 746, para 60

[36] (2014) 7 SCC 1

[37] (2014) 7 SCC 1 at p. 32 para 46

[38] Section 30. Duties by whom payable. — In the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne,—

(f-a) in case of instruments of works contract as provided in Article 63 of Schedule I, by the person receiving the contract

[39] Maharashtra Stamp (Amendment) Act, 2015, Maharashtra Act No. XX of 2015 dated 24 th April, 2015

[40] 63. Works contract, that is to say, a contract for works and labour or services involving transfer of property in goods (whether as goods or in some other form) in its execution and includes a sub-contract,—

(a) where the amount or value set forth in such contract does not exceed rupees ten lakh – Five Hundred Rupees;

(b) where it exceed rupees ten lakh -five hundred rupees plus 0.1 per cent of the amount above rupees ten lakh subject to maximum of rupees twenty-five lakhs.

[41] (2014) 9 SCC 657

[42] Central Goods and Services Tax Act, 2017

[43] Black’s Law Dictionary , Revised Fourth Edn., p. 1669

[44] Ibid, p. 402

[45] 5. Agreement or its records or Memorandum of an Agreement—

(B) if not otherwise provided for – One Hundred Rupees

Section 125 CrPC: Can the second wife be entitled to maintenance from her husband?

Delhi HC granted bail to a man accused of raping woman he met on dating app on pretext of marriage

Do convicts have a fundamental right to procreate? Watch to know what Delhi High Court recently held

Criminology, Penology and Victimology book release

Book release of 8th edition of “Criminology, Penology and Victimology” revised by Sanjay Vashishtha

One comment.

Which provision of Schedule 1 of the Maharashtra Stamp Act would be applicable on an Service Agreement to provide Information Technology Services ? Would this fall under Article 5(h) (A) (iv) or Article 5(h)(B) since there is a huge difference in the stamp duty levied in both the cases. While a stamp duty of 0.1 to 0.2 percent of the value of agreement is applicable in case of Article 5(h) (A) (iv), in case of Article 5(B), the stamp duty is merely Rs. 100/-. Kindly clarify.

Join the discussion

Piramal Mahalaxmi

Demonstrating lavishness and sophistication in every facet, Piramal Mahalaxmi is a landmark development of greatest glory.

Piramal Vaikunth

Tucked amidst one of the most anticipated neighbourhoods near Mumbai "Thane", Piramal Vaikunth is an upscale development by Piramal Realty.

Piramal Revanta

Amalgamating nature and architecture together, Piramal Revanta is a premium development nestled in the very heart of Mulund.

Piramal Aranya

Piramal Aranya creates a living space that elevates your lifestyle right in the heart of South Mumbai, and yet away from it all.

Fund Repatriation

Capital Gains Tax

Immovable Property Tax

TALK TO US +91-22-62166216

EMAIL US [email protected]

A Quick Guide to Stamp Duty in Maharashtra

January 10, 2022 June 28, 2022

Author: Team Piramal Realty

A Quick Guide to Stamp Duty in Maharashtra

If you have ever purchased a house or intend to buy one soon, you must be familiar with the concept of Stamp Duty. Defined under Section 3 of the Indian Stamp Act, 1899, Stamp Duty is a tax levied on the sale of a property or transfer of a property’s ownership.

How Is Stamp Duty Determined?

The quantum of Stamp Duty that you are required to pay depends on several factors, including:

The state wherein you are buying the property
The state wherein you are acquiring the ownership of the property
The value of the property as stated in the Agreement of Sale
Your Gender

Although the percentage of Stamp Duty varies from one Indian state to another, it typically falls within 4 to 7 per cent of the value of the housing property being purchased. Since Stamp Duty is a mandatory charge that accompanies the legal purchase of a property, it has a substantial impact on the overall cost of the property for you. Therefore, you must acquaint yourself with the prevailing Stamp Duty rates in the state you are buying a property in.

Stamp Duty in Maharashtra

The rates of Stamp Duty In Maharashtra are governed by the Maharashtra Stamp Act, 1958, and changed from time to time by the Government of Maharashtra. If you are looking to buy a property in the state, the Stamp Duty you shall have to pay will depend on the value of the property as well as the type of area where the property is located, that is, urban or rural.

The quantum of the Stamp Duty payable in Maharashtra includes the Stamp Duty as per the applicable rates and an additional cess amounting to 1 per cent of the value of the property. Furthermore, the purchase of properties in Nagpur attracts another cess that is 0.5 per cent of the property’s value.

Stamp Duty in Maharashtra – Recent Trends

In April 2020, the Government of Maharashtra announced a reduction in the Stamp Duty in Mumbai by 3 per cent till December 31, 2020, and by 2 per cent till March 31, 2021. This change was effective from September 1, 2020, and effectively brought down the Stamp Duty in the city from 5 per cent of the consideration value of the property in August 2020 to 2 per cent till December 2020 and 3 per cent till March 2021.

In addition to the reduction in Stamp Duty in Mumbai, the state government also announced a reduction in Stamp Duty in other regions of the state. The Stamp Duty in Maharashtra (areas other than Mumbai) was reduced by 2 per cent from September 1, 2020 to December 31, 2020 and by 1.5 per cent from January 1, 2021 to March 31, 2021.

Let us understand how the above fall in Stamp Duty in Maharashtra has affected the cost of property for homebuyers. For instance, Ms Neerja purchased a property in Mumbai with a consideration value of ₹2 crores. Since she had purchased the property in August 2020, she had to pay ₹10 lakhs in the form of Stamp Duty (5 per cent of the value of the property).

On the other hand, Ms Aaravi, who had purchased a property amounting to ₹2 crores in Mumbai, had to pay only ₹4 lakhs as Stamp Duty. This is because she purchased the property in November 2020 when the Stamp Duty in the city stood at 2 per cent of the consideration value of the property. Ms Rutuja purchased a property in Mumbai in February with the same consideration value and had to pay ₹6 lakhs (3 per cent) as Stamp Duty.

Therefore, a property with the same consideration value in Mumbai cost Ms Neerja ₹1.10 crore, whereas it cost Ms Aaravi ₹1.04 crore and Ms Rutuja ₹1.06 crore. This variance in total property cost was because of the varying rates of Stamp Duty prevailing at the time of the purchase. These examples shed light on the impact Stamp Duty can have on your overall budget to buy a house.

Stamp Duty in Maharashtra – Present Rates

Presently, the Stamp Duty rate prevalent in Maharashtra is as follows (applicable from April 1, 2021):

You can use the Sarathi Tool of the Department of Registration and Stamps, Government of Maharashtra, to calculate the Stamp Duty payable on the property purchased by you. You must enter the area and the consideration value of the property to arrive at this computation. It is now possible to make the payment of Stamp Duty online.

Book Your Home At Piramal Realty

Now that you know how important a role the prevailing rates of Stamp Duty play in the determination of the total cost of a property, you can revisit your housing budget and incorporate the impact of Stamp Duty therein. If you are looking for a luxury home in the Mumbai Metropolitan Region, Piramal Realty is where your search must stop.

With our well-designed residential projects in South Mumbai, Thane, and Mulund, you can have an abode that is at once well connected and secluded, luxurious and tranquil. You can check out our projects and make your booking online now.

Here are the housing projects of Piramal Realty spread across the MMR.

Piramal Mahalaxmi – South Mumbai
Piramal Vaikunth – Thane
Piramal Revanta – Mulund
Piramal Aranya – Rani Baug

You can experience the design and layout of Piramal Realty projects through virtual tours and reach out to us for site visits.

Disclaimer – This article is based on the information publicly available for general use. We do not claim any responsibility regarding the genuineness of the same. The information provided herein does not, and is not intended to, constitute legal advice; instead, it is for general informational purposes only. We expressly disclaim any liability, which may arise due to any decision taken by any person/s basis the article hereof. Readers should obtain separate advice with respect to any particular information provided herein.

Why Should Homebuyers Opt for Sustainable Buildings?

27 Mar, 2024

Real Estate Valuation: All You Need to Know About House Valuation

16 Feb, 2024

Why is it Better to Buy a Property in Mumbai than Rent One?

29 Jan, 2024

Advantages of Buying an Under-Construction Flat

Is Investing in Under-Construction Flats Beneficial?

Benefits of Buying a Flat from a Reputed Builder

Advantages of Buying Your Home From A Reputed Builder

Editor's choice.

Auspicious Dates for Property Registration in 2024

28 Mar, 2024

Stamp Duty and Registration Charges in Mumbai

RERA Maharashtra 2024: All You Need To Know About MahaRERA

Residential properties by location.

Projects in Mumbai
Projects in Mahalaxmi
Projects in Byculla
Projects in Mulund
Projects in Thane

Residential Properties By Configuration

1 BHK Apartments
2 BHK Apartments
3 BHK Apartments
4 BHK Apartments

Residential Projects in Mumbai

Piramal Mahalaxmi, South Mumbai
Piramal Aranya, Byculla
Piramal Revanta, Mulund
Piramal Vaikunth, Thane

We use cookies to help you get the best possible experience of our site. By clicking ‘Accept’ you agree to our use of cookies. Accept

Call Piramal Realty

+91-22-62166216

Enquiry Piramal Realty

This is to enlighten/ inform user / customer(s) that https://www.piramalrealty.com/ is the only official website of Piramal Realty ("Company"). User/Customer(s) are cautioned and advised not to rely upon any information(s)/ material(s) stated on any other website which may appear to be similar to the company's official website, including containing company's logo / brand name. The information(s)/ material(s) contained in such website may be misleading/false and user/customer(s) may suffer loss if they rely on such information for which Piramal Realty shall not be held responsible in any manner.

In the event user/customer(s) come across any such website similar to company's official website containing its brand name/logo or any other information(s)/ material(s), then kindly contact and inform us on 022-33514000 in order to enable the Company to take necessary action(s).

Please ensure that you deal/transact with only RERA registered real estate agents ("Registered Real Estate Agents") whose name appear as a real estate agent under the project name on the RERA web site. If you have received any unsolicited calls or text messages in breach of the regulatory norms or from agents not registered with us, please report such instances to us on 022-33514000 for our further investigation/examination.

Also, as a matter of abundant precaution, kindly go through the caution notice by clicking the link

We have read and understood the contents of the same.

IMAGES

Stamp Duty and Registration Charges in Maharashtra in 2022
What is Stamp Duty in India? How to pay Stamp Duty Online
Stamp Duty and Registration Charges in Maharashtra in 2022
Stamp Duty in India: #2 Maharashtra Stamp Paper
Maharashtra E Stamp: All you Need to Know
How To Calculate Stamp Duty And Registration Charges In Mumbai

VIDEO

Maharashtra Stamp Duty Amnesty Scheme 2023
How to Calculate StampDuty and Registration Fee For Online Rent Agreementऑनलाईन भाडेकरार दस्त नोंदणी
Paid Stamp Duty but not Register Agreement then what ? CA Vimal Punmiya
Maharashtra Stamp Duty Amnesty Scheme-2023-24 || Prabhu Se Khas Baat ES 158 || MahaSeWA News
NPTEL Jan 2024 Roadmap for patent creation Week 2 Approximate Answers
LIVE

COMMENTS

PDF Schedule I and II to THE MAHARASHTRA STAMP ACT (BOM. ACT LX OF 1958)
The Article 2 was substituted by The Maharashtra Stamp (Amendment) Act, 2015, s.20(2), (w.e.f. 24 -4 2015). ... the stamp duty under this article shall be one hundred . 5 [(ii) if relating to the purchase of one or more units in any scheme or project ... assignment 7is made [within a period of three years] from the date of the agreement. If
Stamp duty for assigning/licensing ipr
What is stamp duty applicable on 1 deed of assignment of Intellectual property rights and 2 License Agreement for IPR in Maharashtra Please help - Intellectual Property Rights ... I am looking for the stamp duty on the licensing agreement for licensing patent-rights in Maharashtra. Leave a reply . Your are not logged in . Please login to post ...
Decoding Indian Stamp Duty Requirement for IP instruments
Stamp duty payable varies in each State. The Assignor and Assignee can check for the stamp duty rates in its particular state and thereby execute a assignment deed in which the lower stamp duty is applicable. The applicable stamp duty rates in India varies from 3% to 7% of the consideration amount, depending on the state wherein it is executed.
PDF Intellectual property right assignments Q&A: India
of assignment is not specified, it will be deemed to be five years from the date of the assignment. If no territory is specified, the assignment is presumed to extend to India only. Patents The Patents Act does not specifically provide for the assignment of future patent rights. However, the parties can provide for such assignment by way of a ...
PDF Provisions, Applicability and Recent Amendments to The Maharashtra
THE MAHARASHTRA STAMP ACT, 1958 by Mahima Sakhlecha ABSTRACT This paper deals with the Maharashtra Stamp Act, 1958 and the recent amendments related to the same. Stamp Duty is an important part of Land Law and the relevant provisions, application and relevant judgments of the same are discussed in the paper. Stamp duty is charges by the
PDF BOMBAY ACT No. LX OF 1958.
government of maharashtra law and judiciary department bombay act no. lx of 1958. the maharashtra stamp act. (text as on 1st january 2022)printed in india by the government central press, charni road, mumbai 400 004 and published by the director, government printing stationery and publications, maharashtra state, mumbai 400 004. 2022 [price : rs. 122.00]
Maharashtra Stamp Act: An Overview On Stamp Duty And Registration Charges
Modes of Payment of Stamp Duty in Maharashtra. There are 4 modes of payment of Stamp Duty in Maharashtra: Non-judicial Stamp Papers - This is the traditional but cumbersome and time-consuming mode of stamping, and forces one to obtain physical stamp paper by engaging with licensed vendors. The instrument to be executed is printed on such ...
PDF The Maharashtra Stamp Act*
This Act received the assent of the President on 4th June 1958, and assent was first published in the Bombay Government Gazette, Part IV, on the 11th June, 1958. An Act to consolidate and amend the law relating to stamps and stamp duties in the State of Bombay. Amended by Born. State Act No. 95 of 1958.
India: FAQs On Payment Of Stamp Duty In Maharashtra
According to the Maharashtra Stamp Act, 1958, stamp duty shall be paid vide impressed stamps or adhesive stamps 7. Hence the stamp duty on any instrument (including an electronic document) may be paid via adhesive stamps, non-judicial stamp paper, franking machines, labels being affixed and impressed by proper officer or receipt of e-payment of ...
Government of Maharashtra passes the Maharashtra Stamp (Amendment) Act
On January 20, 2022, the Maharashtra Government passed the Maharashtra Stamp (Amendment) Act, 2021 (" 2021 Act ") to amend the Maharashtra Stamp Act, 1958 (" Act "). By way of the 2021 Act, following key changes have been introduced in Schedule I to the Act: S. No. Description of Instrument. Previous Stamp Duty. Present Stamp Duty.
FAQs on payment of Stamp Duty in Maharashtra
Section 2(k) of the Maharashtra Stamp Act, 1958. Vide Order No. D-/STP/CASE NO/6/14/106/2014 dated March 15, 2014. Rule 3 of the Maharashtra e-Payment of Stamp Duty and Refund Rules, 2013. Rule 5 of the Maharashtra e-Payment of Stamp Duty and Refund Rules, 2013. Rule 4(c) of the Maharashtra e-Payment of Stamp Duty and Refund Rules, 2013
Trademark Assignment Agreements in India
An application to register the title of a person who becomes entitled by assignment is made on Form TM-P. Here, it would be relevant to mention that as per the provisions laid down under the Indian Stamp Act, a stamp duty @ 5% is payable on an instrument based on the consideration amount mentioned. Proof of Title:
A Concise Guide to the Maharashtra Stamp Duty Act
However, joint property owners (male and female) will not get this rebate benefit. The stamp duty rates for various places in Maharashtra are as follows: Mumbai: 5% for males and 4% for females (includes 1% metro cess for both cases) Pune**: 6% for males and 5% for females. Thane**: 6% for males and 5% for females.
What Is the Stamp Duty for Trademark Assignment?
If you are not a start-up, small enterprise, or individual you will have to pay ₹ 9,000 for lodging an application electronically and ₹10,000 if you file in person with the Trademark Registrar. Individuals, small enterprises, or startups must file with the TM application by paying a fee of ₹ 4,500 for e-filing or ₹5,000 for filing by ...
Stamp Duty Requirements for Trademark Assignment in India
The state government determines the market value, which differs from state to state. State laws affect the stamp duty, which varies from 3% to 5%. The following are some of the rates of stamp duty which are applicable: Delhi: 3%; Mumbai (For the state of Maharashtra): 3%; Kolkata (State of West Bengal): 5%; Ahmedabad (In the state of Gujarat ...
All-About Maharashtra Stamp Duty Amnesty Scheme
The text provides a comprehensive guide on Stamp Duty in Maharashtra, covering its definition, legal necessity, timing, applicable instruments, historical significance, specific schemes like the Stamp Duty Amnesty Scheme 2023-2024, and FAQs to assist in understanding and complying with stamp duty regulations.
Stamp Duty: A Brief Overview In The State Of Maharashtra
The Bombay Stamp Act, 1958 which came into force on 16th February 1969 (BSA) is the law for stamp duty within the State of Maharashtra. Constitution of India empowers both the Parliament and the State Legislature to make provisions and laws for stamp duty within its ambit. Accordingly, ISA covers certain documents as specified therein.
Stamp Duty and Registration Charges in Maharashtra in 2024
The stamp duty on Power of Attorney (POA) document is based on the Maharashtra Stamp Act, 1958 and the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995. In Mumbai, the stamp duty to be paid for a POA document is 0.25% of the property's market value.
Works contract and Levy of Stamp Duty under the Maharashtra Stamp Act
Both work and labour or work and services need to be included in the contract. b) a Works Contract would attract stamp duty if the contract involves a transfer of property in goods. and. c) the transfer of property in goods takes place through conveyance which involves a transfer of title in goods. 11.
Stamp Duty and Registration Laws in Maharashtra
In Maharashtra, it is done under the ambit of Maharashtra Stamp Act 1958. According to the Act, the stamp duty is equivalent to 7\\% of the transaction value. The stamp duty has to be paid before or at the time of execution of the document. The document then has to be stamped as otherwise, it might become impermissible in case of a dispute.
Department of Registration & Stamps
Maharashtra Stamp Duty Abhay Yojana 2023 under 53 A The following list of pending cases has been published under Abhay Yojana. Citizens should contact the office of Joint District Registrar and Stamp Collector of the concerned district to take advantage of this. Stamp Duty Collection. Sr.No.
Stamp Duty in Maharashtra
The Stamp Duty in Maharashtra (areas other than Mumbai) was reduced by 2 per cent from September 1, 2020 to December 31, 2020 and by 1.5 per cent from January 1, 2021 to March 31, 2021. Let us understand how the above fall in Stamp Duty in Maharashtra has affected the cost of property for homebuyers. For instance, Ms Neerja purchased a property ...

Stamp duty for assigning/licensing ipr

7 Replies

Assignment of copyright

Leave a reply

Recent Topics

Related Threads

Popular Discussion

Browse by Category

Download LCI APP

Our Network Sites

Lawyersclubindia Search

Decoding Indian Stamp Duty Requirement for IP instruments

About the Author

Firm’s Information

StratJuris Partners

Maharashtra Stamp Act: An Overview On Stamp Duty And Registration Charges

What is Maharashtra Stamp Act?

What Is Stamp Duty?

How Is Stamp Duty Calculated?

Stamp Duty And Registration Charges In Maharashtra

Factors that Determine Your Fee on Stamp Duty & Registration

How To Pay Stamp Duty & Registration Charges Online In Mumbai?

Modes of Payment of Stamp Duty in Maharashtra

Recent Clarification on Stamp Duty in Maharashtra

Stamp Duty News

Related Articles

Latest Videos

Trending Article

Top 6 Builders And Developers in Bangalore

Government of Maharashtra passes the Maharashtra Stamp (Amendment) Act, 2021

01st Feb, 2022

Our Offices

FAQs on payment of Stamp Duty in Maharashtra

Share this:

5 thoughts on “ FAQs on payment of Stamp Duty in Maharashtra ”

Leave a comment Cancel reply

Follow Blog via Email

Trademark Assignment Agreement India – Assignment of Trademark in India

What Is the Maharashtra Stamp Duty Act?

How Is Stamp Duty Payable?

Stamp Paper

Adhesive Stamps

Stamp Duty Rates in Maharashtra

Stamp Duty on Indemnity Bond in Maharashtra

Agreement in Maharashtra

Maharashtra Stamp Duty Impact on Property Registration

Recent Judgments on Maharashtra Stamp Duty

Related Posts

Term Insurance for Family: Meaning, Benefits,…

The Benefits of Shared Rooms for…

Stamp Duty and Registration Charges in…

Exploring the Top Advantages and Disadvantages…

What Is the Stamp Duty for Trademark Assignment?

Types of Trademark Assignment:

Complete Assignment:

Without Goodwill:

Applying Trademark Application

Fees and Payments

Forms of Identification

Benefits of Trademark Registration:

When and How to Amend a Registered Trademark?

What Is Revocation of Trademark

How to Register a Brand Name in India?

What is a Colour Trademark?

Understanding G-Secs and How to Invest in Them for Business?

Startups to Continue Receiving a Tax Holiday

How the Rupee Depreciation is Enticing NRIs in Real Estate?

Subscribe to our newsletter blogs

All-About Maharashtra Stamp Duty Amnesty Scheme – Benefits | Processes | Practical Insights

Recent Posts

HC Allows Use of Seized Docs From Lawyer’s Office if They Were Incriminating Against Assessee

By Adv. Shyamsundar Patil, IAS (Rtd) – Former MD | Mahananda, CA. Ramesh Prabhu – Chairman and CA. Shreyash Prabhu – Chairman | Maharashtra Societies Welfare Association (MahaSewa)

1. What is Stamp Duty?

2. Why to pay Stamp Duty?

3. When to pay Stamp Duty?

4. Instruments on which stamp duty is applicable

5. Significance of year: 1958 – 1980 – 1985

6. Stamp Duty on Gift deed

7. Stamp Duty Amnesty Scheme 2023 – 2024

7.2 When was the scheme launched?