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Ahmedabad CityGujarat

No need to pay stamp duty on allotment letter of property

by TLA September 4, 2021September 4, 2021
written by TLA September 4, 2021September 4, 2021
No need to pay stamp duty on allotment letter of property

Ahmedabad: The provision made in Section 20B of Schedule 1 of the Mumbai Stamp Act 1958 does not explicitly state that stamp duty is to be paid on the first allotment letter of property. The government should issue an act, a circular or a notification if the Act clearly states that the first allottee has to pay the stamp duty by the amendment made on 12th May, 1982.

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In this case the letter regarding payment of stamp duty on the allotment letter of property issued by the Stamp Superintendent of Gujarat between 1982 to 2000 is invalid. As a result of the letter from the Superintendent of Stamp, thousands of documents are being sent to the Deputy Collector for referral, hence their property deals are not being finalised.

Legal experts say that if this provision came into force on 12 May 1982, then why did the government have to implement the mandatory stamp duty provision on 1 September 2001?

Second, if stamp duty was to be paid in the first allotment, why did the Auditor General not raise an objection for not depositing it for so many years. They are pointing out every mistake of the government. It is unbelievable that the government is losing crores of revenue from stamp duty and the Accountant General is sitting silent.

The Gujarat High Court has termed the Accountant General audit as the third eye. Why is such a big thing not coming out of his eyes? It is not clear why not only the Accountant General but also the Stamp Superintendent, who has been in office for twenty years, did not pay heed to its implementation.

The Mumbai Stamp (Gujarat Amendment) Act, 2001 (Act 19-2001) also does not state that the allotment letter is subject to mandatory stamp duty. Why the present superintendent decided to issue such a circular at the end of his term is also an incomprehensible question.

Rupee. Sellers illegally charging Rs 50 more on e-stamps of Rs 50,100 to Rs 300

Starting with affidavit, Rs. 50, 100 and Rs. Sellers selling 300 e-Stamps for Rs. It is learned that 30 to 50 more are being charged. Even though stamp sellers are given commission by the government on the sale of stamps, taking more money is tantamount to taking bribe. Stamp sellers in Gujarat complain that they are paid less by the government than banks.

The Revenue Department of the Government of Gujarat does not take into account the representations made by them in this regard. In such a situation, his displeasure has increased further. In one such case, the Delhi High Court awarded a woman stamp seller Rs. Five thousand rupees fine and two years imprisonment. Taking action against them, it has been said that taking extra money apart from government commission is tantamount to taking bribe.

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