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sandeep   21 January 2015

Stamp duty on refundable rental security deposit

Greetings

I had leased out a commercial property in Jaipur (Rajasthan), for which the lease deed was registered with the registration office and I was told to deposit amount @ 2% of Average rent.

I have taken refundable security which was to be returned at the end of lease period or when the tenant vacates the same

After a period I got a notice from the department that as I had collected the (Refundable) Security Deposit hence the rent registration will be charged @6% of Average rent of 2 (TWO) years along with the amount of refundable security deposit with me.

Please advice 

1) How I can challenge the new orders for depositing additional stamp duty.

2) Is there any law, rule, judgement which I can present before the authorities to prove that Refundable Security Deposit is not chargeable, as it don't change the nature/ period of rent.

3) How a security deposit (REFUNDABLE) if shown can change the rate of registration charges.

 

Thanking you 



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