Stamp duty on Instrument executed outside

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

03 June 2010 As per section 18 of the Indian Stamp Act, 1899, any
instrument executed out of India can be stamped in India,
provided it is stamped within 3 months from the date it
has been first received in India.

My query is what if the POA is not stamped within 3 months . How much stamp duty is payable?

We have been asked to pay stamp duty on POA executed on feb 15, 2010 as per rule 18 of Stamp act.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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03 June 2010 If the POA is executed on plain paper, it has to be adjudicated before the District Collector. Contact the said person's office for value of stamp and the procedures since value varies from state to state.

Querist : Anonymous

Querist : Anonymous (Querist)

03 June 2010 Sir

Thank you for your reply. it is POA authorising a person to act as Authorised representative of a company duly executed on stamp papaer of Rs. 50/-

However, it was executed on feb 15 and 3 months as per rule 18 has passed. Reservation has been issued by ROC TO PAY STAMP DUTY as per rule 18.

How much duty is to be paid and who is the concerned authority to approach??

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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03 June 2010 It seems the procedure you adopted is wrong because the POA document in Indian stamp paper cannot be executed abroad. Any way you may meet the Sub registrar's office of your place in India.

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