Introduction: The Revenue and Forests Department of Maharashtra has introduced the Maharashtra Stamp Duty Amnesty Scheme-2023 to remit or reduce stamp duty and penalties on specified instruments under the Maharashtra Stamp Act (LX of 1958). This article delves into the key details, eligibility criteria, and application process of this amnesty scheme.
Detailed Analysis: The Maharashtra Stamp Duty Amnesty Scheme-2023 is implemented in two phases, with the first phase running from December 1, 2023, to January 31, 2024, and the second phase from February 1, 2024, to March 31, 2024. The scheme covers instruments executed between January 1, 1980, and December 31, 2020.
Conditions for eligibility include the use of stamped paper from government-approved vendors, submission of the application through an online system, and adherence to specified timelines. Instruments executed on plain paper without stamp duty are not eligible. The applicant must pay the deficient stamp duty and penalty within seven days of receiving the demand notice.
The scheme provides different levels of reduction and remission based on the amount of stamp duty and penalty. Schedule-I covers instruments executed between January 1, 1980, and December 31, 2000, while Schedule-II includes instruments executed between January 1, 2001, and December 31, 2020.
Conclusion: The Maharashtra Stamp Duty Amnesty Scheme-2023 offers significant relief to individuals involved in specified transactions by remitting or reducing stamp duty and penalties. Eligible instruments executed within the stipulated timelines can benefit from the scheme’s provisions. Applicants are encouraged to understand the conditions, follow the application process diligently, and take advantage of this opportunity to alleviate their stamp duty liabilities.
For more information and to access the application form, refer to the official Order by the Revenue and Forests Department, Government of Maharashtra, dated December 7, 2023.
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REVENUE AND FORESTS DEPARTMENT
Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,
Mumbai 400 032, dated the 7th December 2023.
Order
MAHARASHTRA STAMP ACT.
No. Mudrank-2023/C.R.No.342/M-1(Policy).—Whereas, the Government of Maharashtra, being satisfied that it is necessary to do so in the public interest, has decided to introduce the Maharashtra Stamp Duty Amnesty Scheme-2023 (hereinafter referred to as ‘the said Amnesty Scheme-2023’) in order to remit or reduce stamp duty and the penalty on the instrument as specified in the Annexure appended hereto, chargeable under the provision of the Maharashtra Stamp Act (LX of 1958) (hereinafter referred to as ‘the said Act’), as specified in the Schedules appended hereto to be implemented in two phases, the first phase shall be from the 1st December 2023 till the 31st January 2024 and the Second phase shall be from the 1st February 2024 till the 31st March 2024.
Now, therefore, the Government of Maharashtra, in exercise of the powers conferred by clause (a) of section 9 of the said Act and of all other powers enabling it in this behalf, hereby remits or reduces the stamp duty and penalty to the extent as specified in the Schedules appended hereto, payable as per the provisions of the said Act, in respect of instruments specified in the Annexure, which are executed between the 1st January 1980 and 31st December 2020, irrespective of whether they are presented for the registration thereof or not, subject to the following conditions, namely:-
Conditions,—
(1) The said Amnesty Scheme-2023 shall be applicable only to the instruments as specified in the Annexure which are executed on any amount of Stamped Paper exclusively sold by the Government approved Stamp Vendors or any agency or any competent authority authorised by the Chief Controlling Revenue Authority in this behalf.
(2) Any type of instrument or document which is executed on plain paper without any stamp duty shall not be eligible or accepted for the benefit of remission or reduction in stamp duty or penalty under the said Amnesty Scheme-2023; e. unstamped instruments which are executed on plain papers shall not be eligible for any benefit under the said Amnesty Scheme-2023;
(3) The applicant shall submit an application in the Form appended hereto, along with original instrument and self-attested copies of supporting documents on or before the last day of the period mentioned in the Schedules appended here to. Such an application shall be made through online system of the Inspector General of Registration and Controller of Stamps, Maharashtra State, Pune.
(4) No refund shall be granted where stamp duty or penalty on the deficient portion of duty has already been paid on any of such instruments, prior to the date of publication of this Order in the Maharashtra Government Gazette.
(5) The party to the instrument or his successor in title or power of attorney holder may apply for remission or reduction of stamp duty or penalty under this Order.
(6) The applicant shall be required to pay the deficient portion of stamp duty and penalty as per this Order within a period of seven days from the date of receipt of the demand notice issued by the concerned Collector of Stamps, failing which the applicant shall not be entitled for the benefits provided under this Order.
(7) For the purpose of assessment, the applicant has to submit proper evidence thereof as per requirements in the Annual Statement of Rates and Guidelines issued by the Chief Controlling Revenue Authority, Maharashtra State.
(8) The said instruments, for which action under section 31(4), 32A, 33, 33A or 46 of the said Act has already been initiated or where appeal or review application is pending for decision, before any Court or Authority under the provisions of the said Act, shall be entitled for the benefits under this Order. However, to avail of the benefits under this Order, the applicant shall have to make a fresh application in original in the Form appended hereto:
Provided that, in case where appeal or review application is pending for decision, before any Court or Authority under the provisions of the said Act, the applicant shall have to unconditionally withdraw the case and submit a declaration to that effect along with application under this Order.
Explanation.—
(1) Stamped Papers means, the impressed stamps as specified in the Sub-Section (k) of Section 2 of the said Act; which includes, labels affixed and impressed by the proper officer; stamps embossed or engraved on stamped paper; impression by franking machine; impression by any such machine as the State Government may, by notification in the Official Gazette, specify e. e-SBTR;, receipt of e-payment, G.R.A.S.
(2) The Standard Operating Procedure to be followed for the implementation of the said Amnesty Scheme-2023 under this Order shall be issued by the State Government, separately
Schedule-I
Instruments which are executed between dated the 1st January 1980 and dated the 31st December 2000 (inclusive of both dates).—
(A) First phase from dated the 1st December 2023 till dated the 31st January 2024:—
| Sr. No. | Amount of stamp duty to be paid or payable. |
Reduction or remission in stamp duty to be paid or payable. |
Reduction or remission in penalty to be charged on whole stamp duty to be paid or payable. |
| 1 | For amount from One rupees upto One Lakh rupees (Rs.1/- upto Rs.1,00,000/- ) | 100% | 100% |
| 2 | For amount exceeding rupees One Lakh (exceeding Rs.1,00,000/-) | 50% | 100% |
(B) Second phase from dated the 1st February 2024 till dated the 31st March 2024:—
| Sr. No. |
Amount of stamp Duty to be paid or payable |
Reduction or remission in stamp duty to be paid or payable. |
Reduction or remission in penalty to be charged on whole stamp duty to be paid or payable |
| 1 | For amount from One rupees upto One Lakh rupees (Rs.1/- upto Rs.1,00,000/- ) | 80% | 80% |
| 2 | For amount exceeding rupees One Lakh (exceeding Rs.1,00,000/-) | 40% | 70% |
Schedule-II
Instruments which are executed between dated the 1st January 2001 and dated the 31st December, 2020 (inclusive of both dates).—
(A) First phase from dated the 1st December 2023 till dated the 31st January, 2024:—
| Sr. | Amount of stamp duty | Reduction or remission | Reduction or remission in |
| No. | to be paid or payable | in stamp duty to be paid or payable. |
penalty to be charged on whole stamp duty to be paid or payable |
| 1 | For amount from One rupees upto Twenty Five Crore rupees (From Rs.1/- upto Rs. 25,00,00,000/-) | 25% | (1) If the penalty to be charged on whole stamp duty to be paid or payable is less than Rs.25,00,000/-(Twenty Five Lakh Rupees) then 90% reduction in penalty be given on the penalty to be charged on whole Stamp Duty to be paid or payable; |
| (2) If the penalty to be charged on whole stamp duty to be paid or payable is more than Rs.25,00,000/-(Twenty Five Lakh Rupees) then only Rs.25,00,000/- (Twenty Five Lakh Rupees) to be accepted as a penalty and rest or balance penalty shall be remitted. | |||
| 2 | For amount exceeding rupees Twenty Five Crore (exceeding Rs. 25,00,00,000/-) | 20% | Rs.1,00,00,000/- (One Crore Rupees) be accepted as a penalty and rest or balance penalty shall be remitted. |
(B) Second phase from the 1st February, 2024 till the 31st March, 2024—
| Sr. No. | Amount of stamp duty to be paid or payable | Reduction or remission in stamp duty to be paid or payable. |
Reduction or remission in penalty to be charged on whole stamp duty to be paid or payable |
| 1 | For amount from One rupees upto Twenty Five Crore rupees (Rs.1/- upto Rs.25,00,00,000/-) | 20% | (1) If the penalty to be charged on whole stamp duty to be paid or payable is less than Rs.50,00,000/-(Fifty Lakh Rupees) then 80% reduction in penalty shall be given on the penalty to be charged on whole Stamp Duty to be paid or payable;
(2) If the penalty to be charged on whole stamp duty to be paid or payable is more than Rs.50,00,000/-(Fifty Lakh Rupees) then only Rs.50,00,000/- (Fifty Lakh Rupees) shall be accepted as a penalty and rest or balance penalty be remitted. |
| 2 | For amount exceeding rupees Twenty Five Crore (exceeding Rs.25,00,00,000/-) | 10% | Rs.2,00,00,000/- (Two Crore Rupees) be accepted as a penalty and rest or balance penalty shall be remitted. |
ANNEXURE
(a) Any type of Instrument related to the Conveyance or Agreement to sale or Lease or Sale Certificate or Gift or Agreement relating to deposit of title deeds, pawn, pledge or hypothecation of immovable property for the purpose of residential or non-residential or industrial use;
(b) Agreement or its records or Memorandum of agreement if relating to transfer of tenancy of immovable property for the purpose of residential use, Conveyance of allotment of residential or non-residential units or houses from the Maharashtra Housing and Area Development Authority (MHADA) and its Divisional Boards, the City and Industrial Development Corporation of Maharashtra Limited (CIDCO) and the Slum Rehabilitation Authority (SRA) to a slum dweller for the purposes of rehabilitation under approved Slum Rehabilitation Scheme and also Conveyance of allotment of residential or non-residential units or houses in registered Co-operative Housing Societies or any apartments whose deemed conveyance is pending;
(c) Any type of Development Agreement or Conveyance or Agreement to Sale or Instrument of transaction of Assignment of the rights to the developer regarding the redevelopment of any dilapidated old buildings or any building or immovable property whose redevelopment is necessary;
(d) Any type of Instrument in respect of the amalgamation, merger, demerger, arrangement or reconstruction of companies;
(e) Any type of Instrument executed by the Maharashtra Housing and Area Development Authority (MHADA) and its Divisional boards, the City and Industrial Development Corporation of Maharashtra Limited (CIDCO) and the Municipal Corporation, Municipal Council, Nagar Panchayat, by the various Development or Planning Authorities approved or constituted by the Government under the prescribed Regulations, the Maharashtra Industrial Development Corporation (MIDC), the Slum Rehabilitation Authority (SRA) etc. authorities;
(f) The First allotment letter or Share Certificate issued or executed regarding residential or non-residential units by the registered Co-operative Housing Society on the Government land or by the Maharashtra Housing and Area Development Authority (MHADA) and its Divisional boards or by the City and Industrial Development Corporation of Maharashtra Limited (CIDCO) or by the Municipal Corporation, Municipal Council, Nagar Panchayat or by the Development or Planning Authorities approved or constituted by the Government under the prescribed Regulations.
FORM
FORM OF APPLICATION
Date :
Name of Applicant :
Address :
Mobile/Phone No. :
E-mail ID :
PAN Number :
Bank Name and Account Number :
To,
The Collector of Stamps/Joint District Registrar/Sub-Registrar,
Subject : Application for getting the benefit provided by the Maharashtra Stamp Duty Amnesty Scheme-2023 regarding reduction in stamp duty and penalty on the deficient portion of duty payable under the provisions of the Maharashtra Stamp Act.
Reference : Government of Maharashtra, Revenue and Forests Department, Order No.Mudrank-2023/ C.R.No.342/M-1(Policy) dated the 7th December 2023.
Sir,
I, the undersigned, Shri/Smt./……………………. for myself or on behalf of Shri/Smt./……………….. , requesting you by this application alongwith original instrument and self-attested copies of supporting documents for getting the benefit provided by the Maharashtra Stamp Duty Amnesty Scheme-2023 regarding reduction in stamp duty and penalty on the deficient portion of duty payable under the provisions of the Maharashtra Stamp Act.
Details of Instruments.—
| 1 | Type of document | : | |||||
| 2 | Date of execution | : | |||||
| 3 | Agreed consideration | : | |||||
| 4 | Details of the property | : | |||||
| (a) Detailed address of property (Flat/Unit No., Building No. and Name, location, etc.) | : | ||||||
| (b)Village/Area/Ward etc. | : | ||||||
| (c) S.No./C.S.No./ C.T.S. No./Plot No. etc. | |||||||
| 5 | Area of property | ||||||
| Carpet Area | |||||||
| Built up Area | |||||||
| 6 | Other factors affecting the market value | ||||||
| (a) Type of Construction | : | ||||||
| (b) Year of Construction | : | ||||||
| (c) No. of Floors. | : | ||||||
| (d) Lift ( Yes / No ) | : | ||||||
| 7 | Stamp duty already paid, if any, on the document. | ||||||
| (a) Amount Rs. | : | ||||||
| (b) Date of stamping | : | ||||||
| 8 | Details of the person authorized (alongwith Power of Attorney) | ||||||
| Name of person | : | ||||||
| Mobile Number | : | ||||||
| E-Mail ID | : | ||||||
I hereby declare that the above information is true and correct to the best of my knowledge and belief. I have enclosed the self-attested proofs in support of the above declared details.
Yours faithfully,
Date :
Place:
(Signature)
Name of the applicant
By order and in the name of the Governor of Maharashtra,
PRITAMKUMAR V. JAWALE,
Under Secretary to Government.
l had taken benefit of stamp duty exemption from DIC for MIDC plot in 2018.
The amount of stamp duty is190000.
I started production on that plot but due to certain circumstances i closed my factory in 2022 and i am willing to resale that property but DIC says you have to pay stamp duty + intrest + penalty.
Is I eligible for abhay yojna 2023