Civil Procedure Code (CPC)

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Bombay Stamp Act,1959

(Querist) 19 November 2008 This query is : Resolved 
Under the current Stamp Duty Amnesty Scheme,2008, of Maharashtra Govt., I wanted to submit the application for Feb.1980 Society Transfer Form (unstamped) of the Registered Co.Op.Society, based on which the flat was purchased and also transferred by the society in 1980.The authorities refused to entertain the application stating that the transfer form did not have any stamp. I had taken up the matter with Inspector General of Registration & Controller of Stamps, Pune, for clarifications as Transfer Form was classified as an Instrument liable for payment of Stamp Duty as per the Bombay Stamp Act, 1959. .Now 2/3 days back, IGR had issued the circular that such documents could be accepted by the authorities under the Amnesty Scheme but subject to payment of deficient stamp duty under 5(h) of the act and also penalty under 39 of the Act, as both prevailing at that time(in this case, Feb.1980). Will someone remove my confusion as to what benefit I will get if I apply under the scheme? What will be the amount payable as stamp duty and penalty, for consideration amount of Rs.31000/- as per the said Society Transfer Form? Is the Deptt. right in collecting the stamp duty by this illegal interpretation of the law, for instruments prior to 10-12-1985? I understand that if Rs.5/- adhesive stamp was affixed on the Transfer Form, then under this scheme, I would have been liable to pay stamp duty at current rate –which is Rs.100/- upto Rs.2.5 lacs).Moreover, in Feb,1980, instruments were assessed for stamp duty at face value as no market value concept was there at that time.What if I opt for registering the same with confirmation Deed on Rs.100/- stamp paper after the Amnesty Scheme? Will it be the same amount which the authorities are now demanding under the Amnesty Scheme/? L.T.Maheshwari
EM: goldmineprop@gmail.com
PALNITKAR V.V. (Expert) 17 March 2009
Normally they charge at the current rates. They say they have got circulars. This point needs to be challenged in
Writ.
M. PIRAVI PERUMAL (Expert) 27 March 2009
As rightly said Mr. Palnitkar the so called circulars has to be challenged before the Court of Law.


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