Niddhi Parmar

On 24th April, 2015, the erstwhile Maharashtra Stamp Act, 1958 (hereinafter referred to as “principal Act”) received the assent of the Governor, to be called as the Maharashtra Stamp (Amendment) Act, 2015[1]. Various changes have been made in the principal act and some new provisions have been inserted for more clarity in understanding. The rate of stamp duty on certain instrument under Schedule I have been increased, we have briefly covered the areas and have stated the Key changes made by way of Maharashtra Stamp (Amendment) Act, 2015 which could have impact on financial sectors. Key changes made by way of Maharashtra Stamp (Amendment) Act, 2015

Particulars Prior to the Amendment Post Amendment Remark
Section 4 – Several instruments used in single transaction of [development agreement,] sale, mortgage or settlement (1) Where, in the case of any [development agreement,] sale, mortgage or settlement, several instruments are employed for completing the transaction, the principle instrument only shall be chargeable with the duty prescribed in Schedule I for the conveyance, [development agreement,] mortgage or settlement, and each of the other instruments shall be chargeable with a duty of [one hundred rupees] instead of the duty (if any) prescribed for it in that Schedule. (1) Where, in the case of any [development agreement,] sale, lease, mortgage or settlement, several instruments are employed for completing the transaction, the principle instrument only shall be chargeable with the duty prescribed in Schedule I for the conveyance, [development agreement,] lease, mortgage or settlement, and each of the other instruments shall be chargeable with a duty of [one hundred rupees] instead of the duty (if any) prescribed for it in that Schedule. This means that in case of Lease (which includes lease of movable property as well) only principal instrument will be chargeable with the duty prescribed under Schedule I for lease.
Section 10 – Duties how to be paid No Such Provision A new sub-section (3A) has been inserted after sub-section (3) – The procedure to regulate the use of e-payment, through Government Receipt Accounting System (G.R.A.S.) (Virtual Treasury) for payment of duty shall be such as the Chief Controlling Revenue Authority may by an order determine Various means by which duty can be paid has been specified under sub-section (3) but for e-payment the authority has been delegated to Chief Controlling Revenue Authority to determine the procedure for regulate the use of the same.
Section 31 – Adjudication as to proper stamps Proviso to sub-section (4) – Provided that, in no case, the amount of the penalty shall exceed double the deficient portion of the stamp duty. Proviso to sub-section (4) – Provided that, in no case, the amount of the penalty shall exceed four times the deficient portion of the stamp duty. The Penalty provision has been revised to four times.
Section 34 – Instruments not duly stamped inadmissible in evidence, etc. Proviso to sub-clause (ii) of clause (a) – Provided that, in no case, the amount of the penalty shall exceed double the deficient portion of the stamp duty. Proviso to sub-clause (ii) of clause (a) – Provided that, in no case, the amount of the penalty shall exceed four times the deficient portion of the stamp duty.
Section 39 – Collectors’ power to stamp instruments impounded Proviso to sub-clause (b) of sub-section (1) – Provided that, in no case, the amount of the penalty shall exceed double the deficient portion of the stamp duty. Proviso to sub-clause (b) of sub-section (1) – Provided that, in no case, the amount of the penalty shall exceed four times the deficient portion of the stamp duty.
SCHEDULE I
Article – 6 – Agreement relating to Deposit of Title Deeds, Pawn, Pledge or

The deposit of title deeds or instrument constituting or being evidence of the title to any property whatever (other than a marketable security), where such deposit has been made by way of security for the repayment of the money advanced by way of loan or an existing or future debt –(1)(a) – If the amount secured by such deed does not exceed Rs. 5 lakh – One rupee for every one thousand or part thereof for the amount secured by such deed subject to the minimum of one hundred rupees

 

(1)(b) – in any other case – Two rupees for every 1000 or part thereof, for the amount secured by such deed

 

The deposit of title deeds or instrument constituting or being evidence of the title to any property whatever (other than a marketable security), where such deposit has been made by way of security for the repayment of the money advanced by way of loan or an existing or future debt –(1)(a) – If the amount secured by such deed does not exceed Rs. 5 lakh – 0.1 per cent. of the amount secured by such deed subject to the minimum of one hundred rupees

(1)(b) – in any other case – 0.2 per cent. of the amount secured by such deed

No Change

The pawn, pledge, or hypothecation of movable property, where such pawn, pledge or hypothecation has been made by way of security for their repayment of money advanced or to be advanced by way of loan or an existing or future debt—(2)(a) – If the amount secured by such deed does not exceed Rs. 5 lakh – One rupee for every one thousand or part thereof for the amount secured by such deed subject to the minimum of one hundred rupees

 

(2)(b) – in any other case – Two rupees for every 1000 or part thereof, for the amount secured by such deed

 

The pawn, pledge, or hypothecation of movable property, where such pawn, pledge or hypothecation has been made by way of security for their repayment of money advanced or to be advanced by way of loan or an existing or future debt—(2)(a) – If the amount secured by such deed does not exceed Rs. 5 lakh – 0.1 per cent. of the amount secured by such deed subject to the minimum of one hundred rupees

 

(2)(b) – in any other case – 0.2 per cent. of the amount secured by such deed

No Change
No such explanation Explanation II – For the purposes of this Article, any new instrument executed for additional loan or extension of previous loan shall be treated as a fresh instrument and chargeable with the duty to the extent of additional amount being secured or disbursed or sanctioned. New Insertion
Article 10 – Articles of Association of a Company Where the Company has no share Capital or nominal share capital or increased share capital – One thousand rupees for every rupees 5,00,000 or part thereof, subject to maximum of Rs. 50 lakhs Where the Company has no share Capital or nominal share capital or increased share capital – 0.2 per cent. on share capital or increased share capital, as the case may be, subject to maximum of Rs. 50 lakhs. No Change
Article 13 – Bond BOND not being a debenture and not being otherwise provided for any provisions of this Act (whether or not such provision relates to any particular type of Bonds), or by the Bombay Court-fees Act, 1959—for every rupees five hundred or part thereof – Five rupees, subject to a minimum of rupees one hundred. BOND not being a debenture and not being otherwise provided for any provisions of this Act (whether or not such provision relates to any particular type of Bonds), or by the Bombay Court-fees Act, 1959 – One per cent. of amount of Bond, subject to a minimum of rupees five hundred The maximum limit has been increased
Article 17 – Certificate or other document Certificate or other document, evidencing the right or title of the holder thereof, or any other person either to any shares, scrip or stock in or of any incorporated company or other body corporate, or to become proprietor of share, scrip or stock, in or of any such company or body – One rupee for every one thousand rupees or a part thereof, of the value of the shares, scrip or stock Certificate or other document, evidencing the right or title of the holder thereof, or any other person either to any shares, scrip or stock in or of any incorporated company or other body corporate, or to become proprietor of share, scrip or stock, in or of any such company or body – one per cent of the value of the shares, scrip or stock Stamp duty increased
Article 25 – Conveyance

CONVEYANCE (not being a transfer charged or exempted under Article 59) – On the True market value of the property which is the subject matter of the Conveyance –(a)    If relating to movable property, for every rupees 500 or part thereof – Fifteen rupees.

 

CONVEYANCE (not being a transfer charged or exempted under Article 59) – On the True market value of the property which is the subject matter of the Conveyance –(a)    If relating to movable property – 3 per cent of the market value of the property. No Change
Article 39 – Memorandum of Association of a Company (a)    If accompanied by article of association under section 26 of the CA, 1956 – Two hundred rupees;(b)   If not so accompanied – the same duty as is leviable on AoA under Article 10 according to the share capital of the company. (a)    If accompanied by article of association under section 26 of the CA, 1956 – One thousand rupees;(b)   If not so accompanied – 0.2 per cent according to the share capital of the company, subject to minimum of rupees one thousand and maximum of rupees 50,00,000. Stamp duty increased
Article 40 – Mortgage Deed

MORTGAGE DEED, not being an agreement relating to Deposit of Title Deeds, Pawn or Pleadge or Hypothecation (Article 6), Bottomry Bond (Article 14), Mortgage of a Crop (Article 41), Respondentia Bond (Article 53), or Security Bond or Mortgage Deed (Article 54) –(b ) When possession is not given or agreed to be given as aforesaid – Five rupees for every one thousand or part thereof for the amount secure by such deed, subject to the minimum of one hundred rupees and the maximum of ten lakh rupees.

 

MORTGAGE DEED, not being an agreement relating to Deposit of Title Deeds, Pawn or Pleadge or Hypothecation (Article 6), Bottomry Bond (Article 14), Mortgage of a Crop (Article 41), Respondentia Bond (Article 53), or Security Bond or Mortgage Deed (Article 54) –(b ) When possession is not given or agreed to be given as aforesaid – 0.5 per cent of the amount secure by such deed, subject to the minimum of one hundred rupees and the maximum of ten lakh rupees. No change
(c ) When a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above mentioned purpose where the principle or primary security is duly stamped – The same duty as a Bond (Article 13) for the amount secured, subject to a maximum of rupees two hundred. (c ) When a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above mentioned purpose where the principle or primary security is duly stamped – Five hundred rupees. Stamp duty increased
Article 51 – Reconveyance of Mortgaged Property RECONVEYANCE OF MORTGAGED PROPERTY(a)    If the consideration for which the property was mortgaged does not exceed rupees 2500 – The same duty as a Bond (Article 13) for such consideration(b)   In any other caseTwo hundred rupees

 

RECONVEYANCE OF MORTGAGED PROPERTY – Five hundred rupees Stamp duty increased
Article 54 – Security Bond or Mortgage Deed SECURITY BOND OR MORTGAGE DEED, where such security bond or mortgage amount secured by deed is executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof, or by a surety to secure the due performance of a contract, or in pursuance of an order of the court or a public officer, not being otherwise provided for by the Bombay Court-fees Act, 1959 –(i)            Where the amount secured does not exceed rupees 2,500the same duty as Bond (Article 13) for the amount secured;

(ii)          Where the amount secured exceed rupees 2,500, for every rupees five hundred of the amount secured or part thereof – the same duty as is leviable under clause (b) of Article 40

 

Provided that, where on an instrument executed by a person for whom a person stands surety and executes security bond or a mortgage deed, duty has been paid under article 40, then the duty payable shall be one hundred rupees

 

SECURITY BOND OR MORTGAGE DEED, where such security bond or mortgage amount secured by deed is executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof, or by a surety to secure the due performance of a contract, or in pursuance of an order of the court or a public officer, not being otherwise provided for by the Maharashtra Court-fees Act. – 0.5 per cent for the amount secured by such deed subject to the maximum of ten lakh rupeesProvided that, where on an instrument executed by a person for whom a person stands surety and executes security bond or a mortgage deed, duty has been paid under article 40, then the duty payable shall be one hundred rupees Stamp duty increased
Article 59 – Transfer (whether with or without consideration) TRANSFER (whether with or without consideration)(a)       of debentures, being marketable securities whether the debenture is liable to duty or not, except debentures provided for by section 8 of the Indian Stamp Act, 1899 – Fifty paise for every rupees 100 or part thereof of the consideration amount of the debenture subject to a maximum of ten thousand rupees.

(b)       of any interest secured by bond, mortgage deed or policy of insurance;(c) of any property under section 22 of the Administrators’ General Act, 1963;(d) of any trust property without consideration from one trustee to another trustee, or from a trustee to a beneficiary – The same duty as a Bond (Article 13) for such amount or value of the interest as set forth in the transfer, subject to a maximum of two hundred rupees.

 

TRANSFER (whether with or without consideration)(a)    of debentures, being marketable securities whether the debenture is liable to duty or not, except debentures provided for by section 8 of the Indian Stamp Act, 1899 – 0.5 per cent

(b)   of any interest secured by bond, mortgage deed or policy of insurance; (c) of any property under section 22 of the Administrators’ General Act, 1963;   (d) of any trust property without consideration from one trustee to another trustee, or from a trustee to a beneficiary – Five hundred rupees

No Change
Article 60 – Transfer or Lease TRANSFER OF LEASE by way of assignment and not by way of under lease or by way of decree or final order passed by any Civil Court or any Revenue – The same duty as is leviable on a Conveyance under clause (a), (b), (c), as the case may be, of Article 25, on the market value of the property, which is the subject matter of transfer. TRANSFER OF LEASE by way of assignment and not by way of under lease or by way of decree or final order passed by any Civil Court or any Revenue – The same duty as is leviable on lease under clause (i), (ii), (iii) or (iv), as the case may be, of Article 36, for the remaining period of lease Prior to amendment the same duty was leviable as in case of a conveyance  Post amendment – same duty is leviable as applicable on lease.

 [1] http://bombayhighcourt.nic.in/libweb/acts/Stateact/2015acts/2015.20.pdf

[The Author is Associated with Vinod Kothari & Co. and  can be contacted at mt@vinodkothari.com)

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15 responses to “Key changes made by way of Maharashtra Stamp (Amendment) Act, 2015”

  1. Chetan says:

    Kindly confirm stamp duty in case where Loan agreement & Hypothection agreement is being executed in the state of Maharashtra. Will stamp duty be 0.20% on Loan agreement & 0.20% on Hypothecation agreement or just 0.20% on Hypothecation agreement. Will section 4 of Bombay Stamp Act apply.

  2. VIRAL THAKKER says:

    i would like to know when we convert an unlisted public ltd company to an LLP as per company act it is mentioned no need to pay stamp duty for the transfer of assets in the company. Can some one highlight this has been incorporated in the Maharashtra Stamp Act as, MIDC people are not clear about the same and asking for deed of assignment with payment of stamp duty duly registered with the registrar.

  3. Vasant B. Nirhalkar says:

    Builder ,way back in 2005, utilised a piece of our Society’s land against written assurance to give alternatively some specified covered parking ” free of cost” .Now if we want to register this deal ,whether Society needs to pay any stamp duty on this transaction which is “in lieu of and in consideration” of our land used by builders ,in the past.? Whether it can be registered and INDEX-II obtained for “zero ” value with” NO Stamp Duty ” and only registration charges applicable can be paid ? What are the applicable rules in this regard .Would you please guide in this case ? Thanks.

  4. nishish mobar says:

    company’s property was mortgaged for securing the credit facilities at mumbai. bank has sanctioned another facility on the same mortgaged property. total amount of loans remain constant . will there be any stamp duty charged or simply an extension letter by the director will be enough. please guide

  5. nishish mobar says:

    company’s property was mortgaged for securing the credit facilities at mumbai. bank has sanctioned another facility on the same mortgaged property. total amount of loans remain constant . will there be any stamp duty charged or simply an extension letter by the director will be enough. please guide

  6. Shashikant says:

    Sir I Shashikant Agatkar resident of Kharghar Navi Mumbai , we r process the conveyance of our society but during leae deed it is mentioned by Sub Register that during purchase of land i.e. tri party agreement the stamp duty was not paid 100% .Now the office of Sub registar is asking for balanced stam duty.Sir I have questio to you that why the society will paid that stamp duty,pl guide us.

  7. J V Adavi says:

    Is there an exemption of stamp duty payable by a registered co-operative housing society on flats unsold by the builder, at the time of conveyance of the building to the society by the builder?

  8. rajesh r. gala says:

    I have purchased factory at midc phase – 1 by under public auction.auction price was 1,30,00,000 . I have already submitted file for adjudication. collector have suggested that stamp duty will be charged on market value i.e.2,16,00,000.please also note that my sale certificate is time bared . here I request you to guide me that on which value stamp duty should be charged? please reply.

  9. Shrikant says:

    Dear Sir, need your help regarding rate of Stamp duty on Bill of exchange

  10. Rachit shah says:

    If i m taking loan from Union bank Of india in gujarat and my one property is situated is Gujarat and one property is situated at Maharastra.i want to create mortgage in Gujarat… So i want to know if i pay maximum stamp duty payable of Rs. 11,20,000/- in Gujarat and hence i pay max cap ceiling Stamp duty in gujarat, then how much stamp duty is payable in Maharastra…?? Plese advice us…

  11. CS vinay Chandak says:

    dear sir,
    i gone through for changes in article 17 for stamping share certificate
    i found in your article its been increased but in copy of amendment act 2015 from Bombay High Court Site that it was substituted to 0.1% which is equal to earlier i.e. rs 1 for Rs 1000 means no increase and no change.
    again in article 1 i found some discrepancies

  12. Priyanka T. says:

    My company paid stamp duty in Maharastra for its property being hypothecated and located in Vadodara, being its bankers located in Mumbai. Any how we came to know that the stamp duty was to be paid in Gujarat itself. Now we want refund of the stamp duty paid in Maharastra. kindly advise about the procedure to get refund of the stamp duty paid? And its time limit? duty was paid in Jan 15.

  13. ASHIT SHAH says:

    DEAR SIR,

    JUST RECENTLY MAHARASHTRA GOVT. ANNOUNCED AN EXEMPTION OF STAMP DUTY ON TRANSFER OF PROPERTY BETWEEN RELATIVES. THE G.R. IS ALSO OUT I BELIEVE.

    BUT MY LAWYER / ADVOCATE IN NASIK IS AWAITING CLARIFICATION FROM THE REGISTRAR REGARDING THE EXEMPTION OF LBT & REGISTRATION CHARGES ON THE SAID DEVLALI BUNGALOW PROPERTY TRANSFER AMONGST SISTERS.

    PL CAN U TELL US WHETHER LBT & REGISTRATION BOTH ARE EXEMPT OR NOT?


    ————————————–

    MR. ASHIT SHAH
    (09820559243)

  14. siddharth Duge says:

    Valuable information. Thanks for the specific information.

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