Please reply ASAP
What is the rate of stamp duty on issue of share certificate in Rajasthan and if the certificate is being issued in back date what is the modus operandi.
Thnaks
Please reply ASAP
What is the rate of stamp duty on issue of share certificate in Rajasthan and if the certificate is being issued in back date what is the modus operandi.
Thnaks
HARDIK
(COMPANY SECRETARY NCFM (Corporate Governance ))
(664 Points)
Replied 25 August 2010
hi
check it out the attached file.
HARDIK
(COMPANY SECRETARY NCFM (Corporate Governance ))
(664 Points)
Replied 25 August 2010
Stamp duty is applicable of the state in which registered office of the company is situated. so kindly note the same.
I think stamp duty is levied on the basis of place where the certificate is issued and executed and if the board meeting for issue of the shares was held in Haryana, the stamp duty needs to be paid to Haryana only and there is no need to look for the registered office in this case unlike we do in case of stamp duty for increase in capital.
Pls revert with practice being followed by other members on this.
Kumar
(Legal Consultant)
(358 Points)
Replied 26 August 2010
The duty should be in accordance with the state wherein the regd. office is located.Do it accordingly.
Instrument chargeable with stamp duty is executed when it is signed by the person who is executing and the place of stamp duty jurisdiction is where the instrument is executed further according to section 17 of the Stamp Act stamping has to be done before or at the time of execution of the instrument.
In case of share certificate, it is the time and place where the Board Meeting is held in which the allotment of shares is done and share certificate are issued and that place/state has got the right to collect the stamp duty. Board meeting can be held anywhere and accordingly the stamp duty liability will arise. There is no provision in the Stamp Act for paying stamp duty in respect of the share certificate on the basis of registered office of the company.
pls quote reasons and basis for your opinion/answer rather than making just a passing statement.
Thanks & Regards
Kumar
(Legal Consultant)
(358 Points)
Replied 26 August 2010
Again i can say with my practical experience the duty shuld be determined by the place of the company's registered office and no matter where the board had passed the resolution.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17848 Points)
Replied 28 August 2010
STAMP DUTY FOR SHARE CERTIFICATES
Upto 09-12-1985
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0.50 paise per share certificate
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From 10.12.1985 to 16.03.1988
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Re. 1 per share certificate irrespective of value
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From 17.03.1988 to 31.03.1993
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Re. 1 for Rs. 100/- or part thereof (1%)
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From 01.04.1993 to 30.4.1994
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50 paise per Rs.100/-
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With effect from 01.05.1994
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Re. 1 for every one thousand including premium. (i.e. issue value)
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