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Validity of stamp papers

Chartered Accountant


Dear professionals,

 

Many people have doubt regarding the validity of the stamp papers which i have tried to remove by these points....

 

In a remarkable judgements, the supreme court held that the stamp papers , can be used even after a period of 6 months from the date of purchase etc.


there is no bar using the old stamp papers at all ,. it is valid inall aspects


the stamp acts, never, made it non usable


it is valid as a fresh one and it is having all the rights and it can be enforced any where

What the Supreme Court has held is:


Stamp Paper has to be surrendered within 6 months if a refund is required for unused stamp papers. 


Stamp Papers used even 6 months old after its date will be valid.

 "The Indian Stamp Act, 1899 nowhere prescribes any expiry date for use of a stamp paper. Section 54 merely provides that a person possessing a stamp paper for which he has no immediate use (which is not spoiled or rendered unfit or useless), can seek refund of the value thereof by surrendering such stamp paper to the Collector provided it was purchased within the period of six months next preceding the date on which it was so surrendered. The stipulation of the period of six months prescribed in Section 54 is only for the purpose of seeking refund of the value of the unused stamp paper, and not for use of the stamp paper. Section 54 does not require the person who has purchased a stamp paper, to use it within six months. Therefore, there is no impediment for a stamp paper purchased more than six months prior to the proposed date of execution, being used for a document.

Thiruvengada Pillai Vs. Navaneethammal and Anr. "


Total thanks : 2 times

 
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Originally posted by :Taranjit Singh
" Dear professionals,
 
Many people have doubt regarding the validity of the stamp papers which i have tried to remove by these points....
 
In a remarkable judgements, the supreme court held that the stamp papers , can be used even after a period of 6 months from the date of purchase etc.


there is no bar using the old stamp papers at all ,. it is valid inall aspects


the stamp acts, never, made it non usable


it is valid as a fresh one and it is having all the rights and it can be enforced any where

What the Supreme Court has held is:


Stamp Paper has to be surrendered within 6 months if a refund is required for unused stamp papers. 


Stamp Papers used even 6 months old after its date will be valid.
 "The Indian Stamp Act, 1899 nowhere prescribes any expiry date for use of a stamp paper. Section 54 merely provides that a person possessing a stamp paper for which he has no immediate use (which is not spoiled or rendered unfit or useless), can seek refund of the value thereof by surrendering such stamp paper to the Collector provided it was purchased within the period of six months next preceding the date on which it was so surrendered. The stipulation of the period of six months prescribed in Section 54 is only for the purpose of seeking refund of the value of the unused stamp paper, and not for use of the stamp paper. Section 54 does not require the person who has purchased a stamp paper, to use it within six months. Therefore, there is no impediment for a stamp paper purchased more than six months prior to the proposed date of execution, being used for a document.
Thiruvengada Pillai Vs. Navaneethammal and Anr. "
 
"


 

Pls. inform can I use stamp paper by pasting a printed paper instead of direct printing on it? However, I'll notary after pasting such document on it.

Is it valid? Pls. clarify.

Thanks

 
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DEAR FRIENDS,

PLEASE FIND THE ATTACHED JUDGMENT ON NON-JUDICIAL PAPERS



Attached File : 59 an important case sc citation on validity of judicial stamp paper.rar downloaded 3261 times

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I have purchase stamp paper on 17th March 2012 but agreement printed on stamp paer of dated 15th Feb 2012

is it ok.

 

pl. reply urgently

 
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please someone tell the use of stamp paper, its valuation system?

 

thanks

 
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Originally posted by : Rajesh Gupta

I have purchase stamp paper on 17th March 2012 but agreement printed on stamp paer of dated 15th Feb 2012

is it ok.

 

pl. reply urgently


No its not valid, how can you execute an agreement on 15th feb with a 17th march stamp paper
 

 
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Attorney At Law


I do not concur with this thread.

Firstly, Stamp duty is a state subject under Article 246 Sch. VII List 2.

Hence the following judgement only pertains to Indian Stamp Act, 1899.

As you would know, some states have their own Stamp Acts for eg. Bombay Stamp Act, Karnatake Stamp Act, hence the current judgement is only applicable to states mentioned in Schedule 1A of the Indian Stamp Act, and not the State Stamp Duty legislations.

As far as state of Maharashtra is concerned, the validity of Non Judicial Stamp is six months from the date mentioned in the Annexure.

Adv. Arjun Menon

 
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