Stamp duty
Adv. khojraj Dhanraj Nerkar
(Querist) 24 December 2012
This query is : Resolved
case:
Agreement to Sale (With Possession) executed in 2008 Govt. Valuation was 90000/- Consideration 100000/- stamp 5% paid on Consideration i.e. 5000/-
Now, in year 2012 at the time of Sale Deed valuation is changed as 200000/-
whether Sale Deed can be executed on 100 Rs. Stamp or stamp on difference amount of 100000/- have to be paid.
Read Art.25 and explanations but still not getting exact interpretation
in para no.1 of explanation, Agreement to sale with possession is directed to be treated as conveyance
however in para no.3 of explanation word conveyance is seem to be final conveyance and it is as " provided further that, where subsequently a conveyance is executed in pursuance of such agreement of sale, the stamp duty, if any, already paid and recovered on the agreement of sale which is deemed to be a conveyance shall be adjusted towards the total duty leviable on the conveyance"
Whether the word "Conveyance" used in the 3rd para have the meaning "final conveyance", or the same that of deemed conveyance?
Sailesh Kumar Shah
(Expert) 24 December 2012
Dear Mr. Nerjar,
Final sale deed attracts stamp duty on difference.You have to pay stamp duty difference amount of 100000.
ajay sethi
(Expert) 24 December 2012
it would mean final conveyance as executed after agreement for sale . the stamp duty paid on agreement of sale would be adjusted against total duty leviable
R.K Nanda
(Expert) 24 December 2012
no more to add.
