Stamp Duty In Maharashtra – Things You Must Know
It shouldn’t surprise you when you learn that Stamp Duty is one of the chief sources of revenue for Indian States. Stamp Duty is one of those revenue tools, which enjoys collective ignorance on the part of the public – all of which make it a good source of revenue for our State Governments.
Stamp Duty is paid in order to complete the cycle of transaction with the government when we find it necessary to secure our legal documents in order to bring them under the scope of constitutional legality. It is, in simple words, a duty paid in exchange for the services we receive, which is receiving the Stamp paper from the Government. As a consequence of being a part of the List-II or State List of the Seventh Schedule in the Constitution of India, it is fixed by the respective State Legislature.
Types Of Stamp Paper
1. Judicial Stamp Papers
Judicial Stamp Papers are used for transactions with judiciary in Civil and Criminal Courts. Their denominations can be Rs. 20, 50, 100, 500, 1000, 5000, and 25,000.
2. Non-Judicial Stamp Papers
Non-Judicial Stamp Papers are used for paying tax or any transactions concerning taxes. Some of the other documents they are used for are, Agreements, Sale Deed, Affidavits, Bond, Undertaking, Declaration, etc. The denominations available for these Stamp Papers are Rs. 20, 50, 100, 500, 1000, 5000, 10000, 15000, 20000, 25000.
The types among Non-Judicial Stamp Papers are-
- e-Stamp Paper
The circulation of Stamp Papers is spiralling downwards as today we are equipped with better a tool, which is the e-Stamp Paper. e-Stamp Papers are widely used for the purpose of sealing Leave and License Agreements. You can calculate the Stamp Duty for your Rental/Leave and Licence Agreement from our website. For these Agreements one can always get the document printed on a normal paper but pay the Stamp Duty at the respective portal.
- Traditional Stamp Paper
Traditional Stamp Papers were once widely circulated across Maharashtra for the purpose of registering Rental Agreements and the kind. They are now vastly replaced by e-Stamp Papers. Due to rampant circulation of fake Stamps these Stamp Papers may shortly be phased out of publication.
3. Impressed Stamp/Special Adhesive Stamp (Label)
Impressed Stamp and Impression by Franking Machines.
Impressed Stamps have labels affixed on them by the proper officer.
4. Court Fee Stamps
Court Fee stamps are generally used by public departments for correspondence with Government Departments – Offices, Registration Offices, Police Station, Revenue Offices. The denominations available are Rs. 2, 5, 10, 20.
5. Revenue Stamps
Revenue Stamps are used by the general public for the purpose of monetary transactions.
How To Pay Stamp Duty?
Maharashtra Government has provided numerous facilities to the public in order to pay their Stamp Duties. One can pay through various Nationalized Banks, Private banks, Scheduled banks, and Cooperative Banks, those of which are authorized by the Central Bank of India.
- Online Payment of Stamp Duty – GRAS (Government Receipt Accounting System)
One can pay the Stamp Duty with or without Logging in as an user. Select the Pay Without Registration option given below categories from the Index menu. You will be redirected to a page where one must fill the online application form. Proceed towards payment – either through Credit Card, Debit Card, Net Banking, etc.
- Paying Stamp Duty through Franking in Post Offices
Payment through franking in Post offices is offered in very limited number of Post Offices. As per the order issued by the Department of Registration and Stamps, Government of Maharashtra, maximum limit for paying Stamp Duty is Rs. 5000/-
- Paying Stamp Duty to authorized Stamp Vendors
The Chief Controlling Revenue Authority has authorised the issue of Stamp Papers to certain individuals which number up to 3556. Consequently, they also receive Stamp Duty.
Which Documents Elicit Stamp Duty?
Here is a list of frequently used documents that mandate the payment of Stamp Duty:
Sl. No. | Type of Document | Description |
1. | Award | Any decision in writing by an arbitrator or umpire, a reference made in the course of a suit – being an award made as a result of a return agreement |
2. | Customs Bond or Excise Bond | Any of the duties of Customs or Excise to prevent fraud or evasions |
3. | Partnership | Instrument of any partnership, including Limited Liability partnership and Joint Venture to run a business. |
4. | Reconveyance of Mortgage of Property | The Deed of Reconveyance of Mortgaged Property is an instrument issued by the mortgage holder in order to indicate the release of obligation as and when the debt is paid – resulting in the transference of title of the property from the lender to the borrower. |
5. | Security Bond or Mortgage | A deed executed for the due execution of an office, or to account for money, or other property by the surety of a contract. |
6. | Adoption Deed | An instrument recording an adoption. |
7. | Affidavit | As a condition of enrollment into Air Force; for immediate purposes to be filed in court; for the purpose of enabling any person to receive any pension or charitable allowance |
8. | Memorandum of Agreement | Related to the purchase or sale of shares, scrips, stocks, debentures or any other marketable security; purchase of sale of Government Security; sale of a bill of exchange. |
9. | Agreement To Lease | Leave and License Agreement for the purpose of renting or leasing a property. |
10. | Bills of Exchange | A written order to a person required one to make a specified payment to a signatory or a payee. |
11. | Gift Deed | A Deed for transferring both movable and immovable property without consideration |
12. | Agreements of Sale | A Deed used to validate the document of a sale of land or property. |
13. | Loan Agreement | Loan Agreement is a contract between the borrower and lender (a private corp, public bank or an individual) to ensure both the parties carry out their promises accordingly. |
Importance Of Stamp Duty
Stamp Duty is an indispensable revenue tool for the Government which can be exercised in a way that can decisively determine the yearly revenue of a State. It also acquires paramount importance in the eye of judiciary as any document provided as evidence to a criminal/civil court will be inadmissible if one hasn’t paid the Stamp Duty. This way, it also ensures a sense of security to the holder of legal documents.
In the interest of a person’s security, payment of Stamp Duty is strictly enforced for all sorts of legal documents. In the absence of payment of Duty, one is liable to pay more than twice the duty as penalty and in extreme cases can also result in imprisonment. So, make no mistake and pay Stamp duty without fail.
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