Stamp duty being levied by registrar on falts not sold
KETAN J SHAH
(Querist) 31 December 2013
This query is : Resolved
Respected Sir's
I M the owner of the property in Mumbai.It is an ancestral property. It consist of 2 bldgs A and B.There are some commercial and some Residential units .
In 2006 three additional floors each with 2 flats per floor were put up by me.The construction was not given to any developer.These 6 flats were sold on ownership basis. Also 4 old tenants i.e. 2 commercial and 2 residential flats were sold to the occupants. The stamp duty was fully paid on all the sold units.After this the conveyance of the Land was given to society. As mentioned the Rest of the Old tenants still remain as our tenants.They are paying Rent and other outgoings to us and we in turn pay the maintenance to the society.
Recently a notice was received from the Registrar of Stamps saying that stamp duty amounting to around 5400000/- ( Fifty Four Lacs is payable by us towards the flats which are not sold or not conveyed to the society.Also in one GLOBUS magazine there was an article from the Inspector of Stamps saying that if the property is developed by the owner and some of the units are retained by him then NO STAMP DUTY IS PAYABLE and it cannot be termed as conveyed.
Even after extensive correspondence from our side the Registrar is still sending us the notice for payment of the stamp duty amount which is not payable in any means.
Please advice as to how do I handle the situation because since I have not sold the flats occupied by the Old tenants there is no question of entering into agreement with the society
Your valuable opinion would be highly appreciated.
Thanking you in advance.
Hemant Agarwal
(Expert) 31 December 2013
Stamp Duty is payable ONLY on sale-purchase transactions of Flats.
Deemed or virtual sale-purchase transactions of flats, do not attract Stamp duty.
You need to make proper representations before the competent authority with all the relevant documents, to address this issue.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Rajendra K Goyal
(Expert) 31 December 2013
Take a stay from court for any action / recovery against the notice.
Devajyoti Barman
(Expert) 01 January 2014
Who are you?
You have posted multiple queries on different topics.
KETAN J SHAH
(Querist) 01 January 2014
Dear Devjyoti Sir,
I M the owner of the property .
KETAN J SHAH
(Querist) 01 January 2014
Dear Devjyoti Sir,
I M the owner of the property
ajay sethi
(Expert) 01 January 2014
agree with hemant agarwal
T. Kalaiselvan, Advocate 
(Expert) 01 January 2014
take the guidance of an expert lawyer on the subject and proceed as per his advise.
