stamp duty on share certificate

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This query is : Resolved

Dinesh Malik (Querist)

23 April 2009 Can stamp duty be paid on share certificates after they have issued, for example after 2 years ?

If not, what is the consequency ?

Thanks & Regards

Dinesh Malik

CA. B.SRINIVASULU

CA. B.SRINIVASULU (Expert)

23 April 2009 Before issuing shares you should pay the stamp duty. If not paid on that date then the shares issued by you will be treated as invalid share certificates when it comes as a subject matter under the court of law. You have to approach the concerned jurisdictional registrar in future if you are issuing fresh shares. Now you cannot pay the stamp duty for old shares already issued. If the department claims it then only you can pay as per their demand.

Ankur Garg

Ankur Garg (Expert)

04 May 2009 Please go through section-41 of indian stamp act, 1899.

After 2 years it is not possible to....

41. Instrument unduly stamped by accident - If any instrument chargeable with duty and not duly stamped, not being an instrument chargeable [with a duty not exceeding ten naye paise] only or a bill of exchange or promissory note,[or acknowledgement or delivery order], is produced by any person of his own motion before the Collector within one year from the date of its execution or first execution, and such person brings to the notice of the Collector the fact that such instrument is not duly stamped and offers to pay to the Collector the amount of the proper duty, or the amount required to make up the same, and the Collector is satisfied that the omission to duly stamp such instrument has been occasioned by accident, mistake or urgent necessity, he may, instead of proceeding under section 33 and 40, receive such amount and proceed as next hereinafter prescribed.

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