Is stamp duty applicable when asset is transferred by firm

Manan (CA) (43 Points)

21 November 2017  

The partnership firm has an immovable property registered in its name. The firm has three partners holding 33.33 % share equally. One of the partner is buying the immovable property its on own name. i.e. paying 2/3 rd share to both the other partners. 

1. Is stamp duty payable on the entire amount of the property or only on the 2/3rd share which the purchasing partner is buying out ?

Since the partner already holds 33.33% in the imoovable property and buying out 66.67% from the other two partner's , what is stamp duty applicability ? The property is registered in Maharashtra.

 

2. is  capital gains u/s 45(3) is applicable on the partnership Firm ?