Share Transfer without Stmp Duty

Others 3206 views 10 replies

I have a question, please clarify me, its urgent

What is the effet, if the Board accepted the non-stamping transfer deed?(Un listed public company)

Replies (10)

Then Directors are Liable..............5% Duty shud b Paid...

Can I have the sections or notes on this??

Thanks in advance.

Such approval of non stamped transfer deed would be null and void as the same is against the provision of section 108.

Transfer deed should be stamped as per section 108 before approving the transfer by the board.

Validity of unstamped/non-cancelled stamped on transfer deed

 

Section 108 requires that where share transfer form is delivered to the Board it should be duly stamped. It means stamp of adequate value should be affixed and cancelled on transfer deed.

 

However, no transfer duty is applicable for transfer of shares in case of shares is in D-mat form.

 

Value of share transfer stamps to be affixed on the transfer deed

 

Stamp duty for transfer of shares is 25 paise for every Rs. 100 or part thereof of the value of shares as per Notification No. SO 130(E), dated 28-01-2004 issued by the Ministry of Finance, Department of Revenue, New Delhi.

Validity of unstamped/non-cancelled stamped on transfer deed

 

Section 108 requires that where share transfer form is delivered to the Board it should be duly stamped. It means stamp of adequate value should be affixed and cancelled on transfer deed.

 

However, no transfer duty is applicable for transfer of shares in case of shares is in D-mat form.

 

Value of share transfer stamps to be affixed on the transfer deed

 

Stamp duty for transfer of shares is 25 paise for every Rs. 100 or part thereof of the value of shares as per Notification No. SO 130(E), dated 28-01-2004 issued by the Ministry of Finance, Department of Revenue, New Delhi.

Validity of unstamped/non-cancelled stamped on transfer deed

 

Section 108 requires that where share transfer form is delivered to the Board it should be duly stamped. It means stamp of adequate value should be affixed and cancelled on transfer deed.

 

However, no transfer duty is applicable for transfer of shares in case of shares is in D-mat form.

 

Value of share transfer stamps to be affixed on the transfer deed

 

Stamp duty for transfer of shares is 25 paise for every Rs. 100 or part thereof of the value of shares as per Notification No. SO 130(E), dated 28-01-2004 issued by the Ministry of Finance, Department of Revenue, New Delhi.

is there any penalty if the board accepted the transfer deed, which is not duly stamped?? If yes, which act and section speaks about it?

Please do the needful, its urgent need for me.

Thanks in advance.

It is duty of the directors to register transfer of share in accordance with section 108. As mentioned earlier transfer would be void without stamp duty and this is the penalty itself under section 108. There is no specific/apparent penalty for directors as such.

However if someone got stuck due to this violation/negligence of directors he may file a civil suit against the directors. This is my personal understanding.

Wait for other members’ opinion.

Also find attached herewith a very useful file regarding transfer of share. Hope this file would be of some help.

Best Regards

as per section 108 of companies act 1956, the specified event hav no effect because company act required that transfer deed requies the stamps affixed on the transfer dedd

Dear Ankur,

Can the tranferee(Nonresident Company) pay the the Share transfer duty in MH where the Registered office of the company is in AP ? Saher transfer duty is central subject , plz guide,,, 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details