Author: Taxmann

Publisher: Taxmann Publications Private Limited

Published: 2024-01-23

Total Pages: 14

ISBN-13:

Signification changes have been proposed in India's Stamp Duty Laws in the Draft Indian Stamp Bill, 2023 (Bill). Below is a breakdown of the major proposals and amendments in the Bill: ‣ Introduction of Electronic Stamps – Clause 2(18) introduces electronic stamps to facilitate digital transactions, marking a significant step towards modernizing the system ‣ Defining 'India' Post Article 370 Abrogation – The Bill, under Clause 2(19), redefines the geographical scope of 'India' in light of the abrogation of Article 370 ‣ Inclusion of Electronic Records in 'Instrument' Definition – Clause 2(20) expands the definition of 'Instrument' to include electronic records, reflecting the growing digitalization of documents ‣ Expansion of Lease Definition – The definition of 'lease' has been proposed to be expanded to include various agreements, such as any agreement of lease, any mining license or mining lease, and any leave and license agreement ‣ Revised Criteria for 'Market Value' Determination – Clause 2(25) revises the criteria to determine the 'Market Value' of properties, aiming to ensure fair valuation practices ‣ Special Economic Zones Exemptions – Clause 3 provides specific exemptions for transactions within Special Economic Zones ‣ Extension of Section 4’s applicability to Gift and Lease Transactions – Clause 4 extends Section 4's applicability to include gift and lease transactions, broadening the scope of stamp duty. ‣ Increased Stamp Duty for Duplicate Instruments – Clause 6 addresses the stamp duty implications for duplicate instruments, increasing the duty to discourage unnecessary duplication ‣ Clarification on Stamp Duty for Gift Deeds – Clause 39 provides clarity on the stamp duty liability associated with Gift Deeds ‣ Higher Threshold for Revenue-Stamped Receipts – The monetary threshold for issuing revenue-stamped receipts is raised under Clause 40 ‣ Increased Adjudication Application Fees – Clause 41 revises the application fees for adjudication ‣ Enhanced Power for the Collector – The limit for the Collector's power is raised in Clause 50, empowering them to handle higher-value transactions ‣ Raised Limit for Self-Stamping Bills and Notes – Clause 57 increases the limit for self-stamping of bills and notes ‣ Addressing Under-Valuation in Various Instruments – Clause 57A focuses on tackling the issue of under-valuation in different instruments to ensure fair tax collection ‣ Introduction of General Penalty Provision – Clause 72 introduces a general penalty provision to deal with violations effectively ‣ Increased Price for Selling Cheap Translations – Clause 81 raises the price for selling cheap translations, ensuring quality and accuracy in legal documents ‣ Omission of Redundant Provisions – The Bill also proposes the omission of outdated sections (Section 54A, 54B, 77A, 77B, 70, 71, 72), streamlining the legislation and removing obsolete clauses