MCA advises Delhi Companies to Pay stamp Duty on increase in Authorised Share Capital

A Notification vide No. G.S.R. 716(E). dated 23.09.2011 was issued, in view of the order of the Hon’ble High Court of Delhi dtd. 21.04.2011 in the matter of M/s. S.E. Investment Limited Vs Union Of India and Others {W.P. (c) 2393/2010 and CM Appl. 4794/2011}, the Hon’ble Court had inter alia held that there is no provision in Delhi Stamp Act for payment of stamp duty on “Increased authorized share capital”. Therefore, the payment of stamp duty payable on increase of authorized capital being paid with filing of form no.5 with respect to State of National Capital territory of Delhi was made optional Now the Hon’ble High Court of Delhi at New Delhi vide order dated 18.10.2011 has stayed the impugned order. In view of the stay it is advisable to make the payment of stamp duty on filing of form 5 for increase in authorized capital with respect to state of National Capital territory of Delhi.